Taxation
Property Taxes
Water and Sewer Fees
John Borst v. City of El Paso De Robles
Published: Mar. 16, 2013 | Result Date: Oct. 30, 2012 | Filing Date: Jan. 1, 1900 |Case number: CV098117 Summary Judgment – Defense
Court
San Luis Obispo Superior
Attorneys
Plaintiff
Paul E. Heidenreich
(Huskinson, Brown & Heidenreich LLP)
Defendant
Facts
In 2009, John Boarst headed a class action against the City of El Paso De Robles alleging that the increased fee schedules enacted in 2002 and 2004 amounted to taxes and were therefore subject to voter approval. The Plaintiffs argued that the fees constituted a tax because revenue from the flat rate charges would go toward building pipelines and covering the City's share of Nacimiento water.
Result
San Luis Obispo Superior Court Judge Jac Crawford rejected the Plaintiff's arguments, and ruled that the fee hikes were not taxes.
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