California Court of Appeal
Cape Concord Homeowners Assn. v. City of Escondido, 069620
In a suit brought by a homeowners association against a City, seeking a refund for sewer service fees paid in connection with water that plaintiff used for irrigating landscape and that used no sewer services, the trial court's order denying the association's petition for a writ of mandate is affirmed where Gov. Code section 53082(b) does not apply because liability for wrongfully collecting sewer service fees under this statute does not depend on a property owner's subjective or particular use of City-supplied water through a single water meter, but rather on whether the premises serviced by that meter are or are not connected to the sewer system.
Appellate Information
- Published 2017/01/05
Judges
- NARES
Court
- California Court of Appeal