Supreme Court of California

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Greene v. Marin County Flood Control & Water Conservation Dist., S172199

In a property owner's suit challenging the election results of a passage of the flood control district's proposal of a storm drainage fee fund improvements intended to prevent flooding and flood damage, the judgment of the court of appeal is reversed and the judgment of the trial court denying plaintiff's election contest reinstated where: 1) the district conducted an election in accord with the literal language of article section 6(c) using ballots that were substantially similar to those authorized under section 4, and took measures to provide for ballot secrecy notwithstanding the fact that the ballots required the voters to disclose their identities; and 2) there is no other basis for invalidating the fee election at issue.

Appellate Information

  • Decided 06/07/2010
  • Published 06/07/2010

Judges

  • MORENO, J.

Court

  • Supreme Court of California

Counsel

  • For Appellant:
  • Ford Greene, in pro. per., for Plaintiff and Appellant., Jack Cohen as Amicus Curiae on behalf of Plaintiff and Appellant., Trevor A. Grimm, Jonathan M. Coupal and Timothy A. Bittle for Howard Jarvis Taxpayers Association as Amicus Curiae on behalf of Plaintiff and Appellant.

  • For Appellees:
  • Patrick K. Faulkner, County Counsel, Sheila Shah Lichtblau, Deputy County Counsel; Colantuono & Levin, Michael G. Colantuono and Erwin M. Benedicto for Defendant and Respondent., Daniel S. Hentschke for California Water Agencies, California Special Districts Association, California State Association of Counties and League of California Cities as Amici Curiae on behalf of Defendant and Respondent., Ogletree, Deakins, Nash, Smoak & Stewart and Thomas M. McInerney for Interveners and Respondents.