Griffith

Griffith v. Pajaro Valley Water Management Agency

Caution
220 Cal. App. 4th 586
Court of Appeal of CaliforniaOctober 15, 2013H038087; H038264California6,923 words

Opinion

Opinion

Premo, J.

After defendant Pajaro Valley Water Management Agency enacted ordinance No. 2010-02 that increased groundwater augmentation charges for the operation of wells within defendant’s jurisdiction, plaintiff Harold Griffith challenged the ordinance on the grounds that the increase (1) was procedurally flawed because it was not approved in an election as required by Proposition 218 (Cal. Const., art. XIII D, § 6), (2) did not conform to certain substantive requirements of Proposition 218, and (3) was to be used for a purpose not authorized by the law under which defendant was formed. Thereafter, plaintiffs Joseph P. Pendry, James Spain, Yuet-Ming Chu, William J. McGrath, and Henry Schepeler (Pendry) challenged the ordinance on similar grounds and on the ground that it was void because one of the directors who voted for the ordinance had a disqualifying conflict of interest within the meaning of the Political Reform Act of 1974 (PRA) (Gov. Code, § 87100 et seq.). They also challenged an ordinance passed in 2002, which imposed an augmentation charge, and a 1993 management-fee ordinance. The trial court rendered judgments for defendant. Plaintiffs have appealed and reiterate their…

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