California Court of Appeal
Pajaro Valley Water Mgmt. Agency v. Amrhein, H027817
In proceeding to ascertain the validity of plaintiff's 2003 ordinance increasing groundwater augmentation fee to be charged to operators of wells within its jurisdiction, judgment validating the charge is reversed as: 1) the augmentation fee is a fee or charge imposed as an incident of property ownership, and thus subject to constitutional preconditions for the imposition of such charge; and 2) plaintiff made no attempt to comply with those conditions. (Opinion on Rehearing).
Appellate Information
- Decided 05/21/2007
- Published 05/21/2007
Judges
- RUSHING, P.J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Harold Griffith, Amicus Curiae for Appellants Ray Amrhein et al., Maria Luisa Menchaca, Amicus Curiae for Appellants Fair Political Practices Commission.
- For Appellees:
- Johnson & James, Robert K. Johnson, Aptos, for Defendants and Appellants Ray Amrhein et al., Nossman, Guthner, Know & Elliott, Stephen N. Roberts, Nicole A. Tutt, Sophie N. Froelich, San Francisco, for Plaintiff and Respondent Pajaro Valley Water Management Agency., San Diego County Water Authority, Daniel S. Hentschke, General Counsel, Oceanside, Amicus Curiae for Respondent Association of California Water Agencies.