News Release: Proposition 218 Does Not Require Individual Majority Fee Protest Procedures
From Best Best & Krieger LLP:
“A California court of appeal recently held that a public agency is not required to provide individual protest procedures for each customer class when proposing increases to its water service fees. The court based its decision in Morgan v. Imperial Irrigation District on Proposition 218 (California Constitution article XIII D, section 6) and the Proposition 218 Omnibus Implementation Act (Government Code section 53750 et seq.). The court also clarified the standard of review an appellate court should apply in reviewing a trial court’s determination of the facts in a case challenging property-related fees and charges.”