GREENE v. MARIN COUNTY FLOOD CONTROL & WATER CONSERVATION DIST.

No. S172199.

49 Cal.4th 277 (2010)

109 Cal. Rptr. 3d 620

231 P.3d 350

FORD GREENE, Plaintiff and Appellant, v. MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, Defendant and Respondent; FLOOD MITIGATION LEAGUE OF ROSS VALLEY et al., Interveners and Respondents.

Supreme Court of California.

June 7, 2010.


Attorney(s) appearing for the Case

Ford Greene, in pro. per., for Plaintiff and Appellant.

Jack Cohen as Amicus Curiae on behalf of Plaintiff and Appellant.

Trevor A. Grimm, Jonathan M. Coupal and Timothy A. Bittle for Howard Jarvis Taxpayers Association as Amicus Curiae on behalf of Plaintiff and Appellant.

Patrick K. Faulkner, County Counsel, Sheila Shah Lichtblau, Deputy County Counsel; Colantuono & Levin, Michael G. Colantuono and Erwin M. Benedicto for Defendant and Respondent.

Daniel S. Hentschke for California Water Agencies, California Special Districts Association, California State Association of Counties and League of California Cities as Amici Curiae on behalf of Defendant and Respondent.

Ogletree, Deakins, Nash, Smoak & Stewart and Thomas M. McInerney for Interveners and Respondents.


OPINION

MORENO, J.

In this case, a flood control district proposed a storm drainage fee to fund improvements intended to prevent flooding and flood damage. Pursuant to article XIII D, section 6 of the California Constitution,1 enacted as part of Proposition 218 in 1996, the fee was voted on by the property owners in the district, and obtained the needed majority. One property owner challenged the legality...

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