KELLER v. CHOWCHILLA WATER DIST.

No. F031112.

96 Cal.Rptr.2d 246 (2000)

80 Cal.App.4th 1006

Charles H. KELLER et al., Plaintiffs and Respondents, v. CHOWCHILLA WATER DISTRICT, Defendant and Appellant.

Court of Appeals of California, Fifth District.

Rehearing Denied June 15, 2000.

Review Denied August 23, 2000.


Attorney(s) appearing for the Case

Green, Green & Rigby, Denslow Green and Mitchell Rigby, Madera, for Defendant and Appellant.

Gary W. Sawyers and Melanie J. Aldridge, Fresno, for Friant Water Users Authority as Amicus Curiae on behalf of Defendant and Appellant.

Best, Best & Krieger, Gregory K. Wilkinson, Eric L. Garner and Michelle Ouellette, Riverside, for Association of California Water Agencies as Amicus Curiae on behalf of Defendant and Appellant.

Hatch and Parent and Steven A. Amerikaner, Santa Barbara, for Cities of Alameda, Barstow, Carlsbad, Del Rey Oaks, Marina, Modesto, Plymouth and Vacaville as Amici Curiae on behalf of Defendant and Appellant.

James P. Lough, Fresno, for Plaintiffs and Respondents.

Jonathan M. Coupal, Sacramento, Timothy A. Bittle and Trevor A. Grimm, Los Angeles, for Howard Jarvis Taxpayers Association as Amicus Curiae on behalf of Plaintiffs and Respondents.


OPINION

THAXTER, J.

We are here asked to decide whether a preexisting "standby charge" imposed by a water district for the purchase of water is exempted from the assessment procedures of Proposition 218. We conclude that it is.

FACTS AND PROCEDURAL BACKGROUND

Respondents (hereinafter the parcel owners) own or lease land within the boundaries of appellant Chowchilla Water District (hereinafter...

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