English Manor Corp. v. Vallejo Sanitation & Flood Control District

English Manor Corporation appeals from a judgment of dismissal entered after the general demurrer of defendant, Vallejo Sanitation and Flood Control District was sustained without leave to amend. The instant action was brought for refund of sewer connection fees paid under protest. English Manor contends that:. 1) the District ordinance which established the connection fee exceeded the permissible scope authorized by Health and Safety Code sections 5471 and 5474; 2) the fee is an unconstitutional tax; and 3) even if the ordinance is an otherwise valid taxing measure, it is discriminatory, arbitrary and unreasonable.

District Ordinance No. 11, dated November 20, 1968, prescribes a schedule of fees which must be paid by a party before connecting to the District sewer system. Section 3(11) provides that the fee to be paid by convalescent homes or hospitals is $175 for the first bed space, and $150 for each additional bed space. English Manor is the owner and developer of a 146-bed convalescent hospital located within the District. It was charged $21,925 as a connection fee pursuant to the ordinance. It paid the fee and thereafter filed a verified claim for a refund, which…