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Torts
Fees
Water Management

Harold Griffith, et al. v. Pajaro Valley Water Management Agency

Published: Feb. 4, 2012 | Result Date: Nov. 18, 2011 | Filing Date: Jan. 1, 1900 |

Case number: CISCV168936 Bench Decision –  Defense

Court

Santa Cruz Superior


Attorneys

Plaintiff

Robert K. Johnson


Defendant

S. Adair Paterno

Anthony P. Condotti


Facts

Plaintiffs sued to challenge fees imposed by the Pajaro Valley Water Management Agency. Defendants charged an $18 to $20 management fee in 1993, an $80 pumping fee in 2002 and a new pumping fee in 2010.

Result

The court applied the concept of laches to rule that the claims against the management fee and the $80 fee were untimely. They further found that the procedures used to implement the 2010 fee complied with a tax initiative passed in 1996. The court left open the question of whether any of the members of the agency board had a conflict of interest.


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