HOWARD JARVIS TAXPAYERS v. CITY OF SALINAS

No. H022665.

121 Cal.Rptr.2d 228 (2002)

98 Cal.App.4th 1351

HOWARD JARVIS TAXPAYERS ASSOCIATION et al., Plaintiffs and Appellants, v. CITY OF SALINAS et al., Defendants and Respondents.

Court of Appeals of California, Sixth District.

Rehearing Denied July 2, 2002.

Review Denied August 28, 2002.


Attorney(s) appearing for the Case

Timothy J. Morgan, Santa Cruz, and Jonathan M. Coupal, Sacramento, and Timothy A. Bittle, Attorneys for Appellants.

James C. Sanchez, City Attorney of Salinas, and Richards, Watson & Gershon, Mitchell E. Abbott, Los Angeles, and Patrick K. Bobko, Attorneys for Respondents.


ELIA, J.

In this "reverse validation" action, plaintiff taxpayers challenged a storm drainage fee imposed by the City of Salinas. Plaintiffs contended that the fee was a "property-related" fee requiring voter approval, pursuant to California Constitution, article XIII D, section 6(c), which was added by the passage of Proposition 218. The trial court ruled that the fee did not violate this provision because (1) it was not a property-related fee and (2) it met the...

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