Los Altos Golf and Country Club v. County of Santa Clara

In this appeal Thomas Bums, trustee of a family trust, and the Los Altos Golf and Country Club (LAGCC) seek review of an order sustaining the demurrer of the City of Los Altos (City) and County of Santa Clara (County) in appellants’ action to recover fees paid for sewer service provided by the City. Appellants assert error in the trial court’s determination that payment “under protest” was necessary before pursuing a claim for refund of fees asserted to be invalid. We find no error and affirm the judgment of dismissal.

Background

Because this appeal arises from the sustaining of a demurrer, we set out the underlying facts as alleged in the operative pleading as well as the procedural history of the litigation. LAGCC and Bums each own property in an unincorporated area of Santa Clara County. Under a contract between the County and the City of Los Altos, County residents could use the City’s sewage transmission and treatment facilities and services. The City had the right to set sewer service charges for County residents in unincorporated areas, which could be up to twice the amount charged for City residents. The charges were collected by the County through its tax…