Court of Appeal Interprets Assessment Requirement

Article XIII D. Section 4(a) provides that no special assessment "shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel." Is this proportionality requirement violated when some parcels subject to an assessment pay less than their proportional share? A majority of the Court of Appeal, Second Appellate District, Division One, says "no," but a concurring Justice isn't so sure. The case is Dahms v. Downtown Pomona Property and can be found here.