California Court of Appeal

In a suit to reduce water rates and charges by voter initiative, the Court affirmed judgment in favor of plaintiff-water company, finding that the initiative process of Proposition 218 does not apply to the water rates and charges fixed by plaintiff because its usage rates are not property related or imposed as an incident of property ownership.

Appellate Information

• Decided 07/21/2004
• Published 07/21/2004

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Sweeney, Davidian, Greene & Grant, Eric Grant, and James F. Sweeney, Sacramento, for Real Party in Interest and Appellant.


• For Appellees:
  
• Lagerlof, Senecal, Bradley, Gosney & Kruse, Timothy J. Gosney, and James D. Ciampa, Pasadena, for Plaintiff and Respondent., McCormick, Kidman & Behrens and Janet Morningstar, Costa Mesa;  Daniel S. Hentschke, Oceanside, for Association of California Water Agencies;  Alisa Renee Fong for League of California Cities;  and Ruth Sorensen, Alturas, for California State Association of Counties, as Amici Curiae on behalf of Plaintiff, Cross-defendant and Respondent., No appearance for Defendant and Cross-defendant.