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CASTEEL v. COUNTY OF SAN JOAQUIN

No. C048797.

36 Cal.Rptr.3d 395 (2005)

134 Cal.App.4th 918

Richard W. CASTEEL, Plaintiff and Appellant, v. COUNTY OF SAN JOAQUIN et al., Defendants and Appellants.

Court of Appeals of California, Third District.

November 18, 2005.

Attorney(s) appearing for the Case

Francois X. Sorba, San Mateo, CA, for Plaintiff and Appellant.

Daniel C. Cederborg, Deputy County Counsel, for Defendants and Appellants.

Robert Fien, The Fien Law Group, Sacramento, for California Apartment Association as Amicus Curiae on behalf of Plaintiff and Appellant.

John J. Sansone, San Diego, for California State Association of Counties as Amicus Curiae on behalf of Defendants and Appellants.

HULL, J.

Plaintiff, Richard W. Casteel, a nonresident of San Joaquin County (County), initiated this mandamus action to compel the County to refund fees paid by him for solid waste disposal services provided at several of his rental properties located in the unincorporated areas of the County. The superior court granted the petition, concluding the County has no legal authority to collect such fees. Both parties appeal. We reverse.

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