California Court of Appeal

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Paland v. Brooktrails Township Cmty. Serv. Dist. Bd. of Directors, A122630

In plaintiff's challenge to the Board's new policy of charging established monthly base rates to parcels with existing utility connections, regardless of whether the owner was actually using the district's services, trial court's judgment in favor of the water district is affirmed as, a minimum charge imposed on parcels with connections to a water district's utility systems for the basic cost of providing water or sewer service, regardless of actual use, is a charge for an immediately available property-related water or sewer service as defined in article XIII D section 6(b)(4), and consequently does not require ballot approval by affected owners.

Appellate Information

  • Decided 12/03/2009
  • Published 12/03/2009

Judges

  • BRUINIERS, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • David Paland, in pro. per., for Plaintiff and Appellant.

  • For Appellees:
  • Christopher J. Neary, Willits, for Defendant and Respondent.
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