Paland v. Brooktrails Township Com. Serv. 7/31/09 CA1/5

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: A122630

Case Date: 10/15/2009

Preview:Filed 7/31/09

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE

DAVID PALAND, Plaintiff and Appellant, v. BROOKTRAILS TOWNSHIP COMMUNITY SERVICES DISTRICT BOARD OF DIRECTORS, Defendant and Respondent. (Mendocino County Super. Ct. No. SCUK CVG 07 99168) A122630

This appeal requires us to construe certain provisions in the taxpayer initiative Proposition 218 (Cal. Const., arts. XIII C, XIII D)1 distinguishing between what may properly be classified as a property-related fee, exempt from a requirement for ballot approval by a majority of affected property owners, and an assessment for which such a vote is mandated. We conclude that a minimum charge imposed on parcels with connections to a water districts utility systems for the basic cost of providing water or sewer service, regardless of actual use, is a charge for an immediately available propertyrelated service as defined in article XIII D, section 6, subdivision (b)(4), and consequently does not require ballot approval by affected owners. We therefore affirm the trial courts judgment for the water district.

1

All article references are to articles of the California Constitution. 1

BACKGROUND The Brooktrails Township Community Services District (District) was formed to provide water and sewer service to about 6,500 real property parcels in or near Willits, California. (Gov. Code,

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