In plaintiff’s challenge to the Board’s new policy of charging established monthly base rates to parcels with existing utility connections, regardless of whether the owner was actually using the district’s services, trial court’s judgment in favor of the water district is affirmed as, a minimum charge imposed on parcels with connections to a water district’s utility systems for the basic cost of providing water or sewer service, regardless of actual use, is a charge for an immediately available property-related water or sewer service as defined in article XIII D section 6(b)(4), and consequently does not require ballot approval by affected owners. 

Read Paland v. Brooktrails Township Cmty. Serv. Dist. Bd. of Directors, No. A122630 [HTML]

Read Paland v. Brooktrails Township Cmty. Serv. Dist. Bd. of Directors, No. A122630 [PDF]

Appellate Information

Filed December 3, 2009

Judges

Opinion by Judge Bruiniers

CounselFor Appellant:   David Paland, in pro. per

For Appellee:   Christopher J. Neary

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