Placeholder canvas
Date: April 21, 2015

Arbitrary Tiered Water Rates Violate California Constitution

by foleyandmansfield
Date: April 21, 2015
by foleyandmansfield

Arbitrary Tiered Water Rates Violate California Constitution

Placeholder canvas

Today, the California Court of Appeal, 4th District, Division 3, issued its long-awaited opinion in the Capistrano Taxpayers Association v. City of San Juan Capistrano water rates case. 

Louis C. Klein, a partner in Foley & Mansfield, PLLP’s Los Angeles office, represented Amicus Curiae Mesa Water District in this case siding with the taxpayers association. The ruling sheds much needed light on the State Constitutional requirements for determining how municipalities and water districts can set water rates.  Proposition 218, enacted by the voters in 1996, set certain constitutional limitations on the ability of government agencies to generate revenues without taxpayer approval. The Court held that the City’s water rates were not compliant with the mandates of the California Constitution and upheld the trial court’s ruling on this issue. 

Please see our link to an analysis of the Court’s ruling.

Louis C. Klein, Managing Partner - Indianapolis; Los Angeles

Florida Supreme Court Ruling Upends “Marriage Before Injury” Common Law Understanding of Spousal Recovery in Wrongful Death Cases

The Florida Supreme Court has upended a longstanding common law understanding of spousal recovery in wrongful death cases. In a recent decision, the Florida Supreme Court held that a spouse who married a decedent after the onset of the injury that caused decedent’s death is in fact a “surviving spouse” […]

LEARN MORE

Thermonuclear Verdicts on the Rise According to Recent Study

Marathon Strategies published a study regarding the rise in the number of “nuclear verdicts”—those with verdicts surpassing $10 million in damages—in the United States in 2023 and termed a new phrase– “thermonuclear verdicts.” The number of cases with nuclear verdicts has increased in 2023 by 27% from 2022, a 15-year […]

LEARN MORE

EPA’s Final Rule to Reduce Methane and Other Pollution from Oil and Natural Gas Operations

In November 2021, pursuant to the Biden Administration’s “U.S. Methane Emissions Reduction Plan” and under the terms of the Inflation Reduction Act, the Environmental Protection Agency (“EPA”) published a proposed rule intended to mitigate climate-destabilizing pollution and protect human health by reducing greenhouse gases, including methane, and volatile organic compound […]

LEARN MORE