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Failure To Pay Under Protest Prevents Ratepayer From Challenging Garbage Collection Charges

Padilla v. San Jose Decision Sheds Light on How Cities Can Obtain Health and Safety Code Protections for Water, Sewer, Stormwater and Solid Waste Fees - A California Court of Appeal has determined that San Jose ratepayers...more

Local Utility Charges Cannot Be Challenged by Referendum

Calif. Supreme Court Decision in Wilde v. City of Dunsmuir - Local utility charges are not subject to referendum, according to a California Supreme Court decision issued Monday that held that water rates fall within the...more

Property Owners Must Participate in Public Hearing to Challenge BID Assessments

A “No” Vote is Not Enough, California Appellate Court Holds - When it comes to assessments for business improvement districts, voting “no” is not enough to exhaust one’s administrative remedies. For a property owner to...more

When is a Franchise Fee a Tax?

Franchise Fees Charged to Waste Hauler are Not a Tax if Reasonably Related to the Value of the Franchise - Franchise fees that exceed the reasonable value of the franchise conveyed may be considered taxes, according to a...more

Failure to Participate in Prop. 218 Hearing Does Not Bar Fee Challenge - Calif. Supreme Court Holds Such Hearings Do Not...

A ratepayer may challenge the method of allocating property-related fees without first participating in the public hearing for, and filing a written protest against, the adoption of such new or increased fees, the California...more

Statutory Authority to Adopt Fees Negates Any Potential State Mandate Funding - California Appellate Court Finds There is No State...

Local agencies that provide water service may impose fees to recover the costs of providing water services. Unlike taxes, which require voter approval prior to adoption, water fees are approved by a local agency’s legislative...more

Transfer Of Electric Utility Revenues To City’s General Fund Is Not A Tax Under Proposition 26 - Supreme Court Reverses Court Of...

A city’s annual budgetary transfer from its electric utility to its general fund, referred to as a payment in lieu of taxes and known as PILOT, is an electric utility cost and not an exaction subject to Proposition 26, the...more

General Tax Measure With Related Advisory Measure On Same Ballot Does Not Turn It Into A Special Tax - Issue Related To Number Of...

Last week, the California Court of Appeal clarified what happens to a general tax measure when it is placed on the same ballot as a related advisory measure that asks how revenues from the general tax measure should be spent....more

No Mandatory Exhaustion of Administrative Remedies for Proposition 218 Challenge - California Court of Appeal Allows Challenge to...

A ratepayer is not required to file a written protest or appear at a public hearing for the adoption of new or increased property-related fees prior to filing a legal challenge to those fees, a California Court of Appeal...more

Non-Property Owners in Cities and Counties May Now Sue for Wasteful Government Spending - California Supreme Court Decision Widens...

Residents need not pay property taxes in their city or county to have standing to sue the entity for wasteful or illegal expenditures, the California Supreme Court said recently in an opinion that overturned lower court...more

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