Amrhein

Pajaro Valley Water Management Agency v. Amrhein

Bad Law
150 Cal. App. 4th 1364·2007 Cal. App. LEXIS 785·59 Cal. Rptr. 3d 484·2007 Cal. Daily Op. Serv. 5675
Court of Appeal of CaliforniaMay 21, 2007H027817California14,218 words

Opinion

Opinion

Rushing, J.

Plaintiff and respondent Pajaro Valley Water'Management Agency (Agency) brought this validation proceeding to ascertain the validity of its 2003 ordinance increasing the groundwater augmentation fee to be charged to operators of wells within its jurisdiction. Defendants and appellants Ray Amrhein, Guy George, Mark Pista, San Andreas Mutual Water Company, Patrick Layhee, and John Sheffield (Objectors) appeared in opposition to the requested decree. After taking evidence, the trial court held the ordinance valid, ruling that the matter was proper for a validation proceeding, that two Agency board members did not have disqualifying conflicts of interest, and that the ordinance did not contravene constitutional limitations on the power of local entities to impose property taxes, assessments, and property-related charges. Objectors brought this appeal, contending that the court erred in each of these determinations.

We originally issued an opinion finding no error and afififining the judgment. We granted rehearing, however, to consider the effect of Bighorn-Desert View Water Agency v. Verjil (2006) 39 Cal.4th 205 [ 46 Cal.Rptr.3d 73 , 138 P.3d 220 ] (Bighorn). In light of…

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