California Psychiatric Transitions, Inc. v. Delhi County Water District

Good Law
111 Cal. App. 4th 1156·2003 Cal. App. LEXIS 1390·2003 Daily Journal DAR 10163·4 Cal. Rptr. 3d 503·2003 Cal. Daily Op. Serv. 8195
Court of Appeal of CaliforniaSeptember 5, 2003F040278California2,650 words

Opinion

Opinion

Vartabedian, J.

This is an appeal from summary judgment granted in favor of respondent Delhi County Water District. The trial court concluded the complaint of appellant California Psychiatric Transitions, Inc., was barred by the applicable statute of limitations. We affirm the judgment.

FACTS AND PROCEDURAL HISTORY

The Delhi County Water District (respondent) is a public entity providing water and sewer services in an area of Merced County. Respondent’s water and sewer service regulations are contained in its ordinance No. 19, adopted in 1975 and last amended in 1997 (the ordinance).

The ordinance, among its other provisions, establishes connection charges for users. It establishes scheduled charges for residential, “granny houses,” and “resthomes.” It provides for other uses as follows: “In the absence of a rate or the size of connection, application may be made to the Board of Directors for establishment of a charge.” For resthomes, the connection charge is “1/3 of current connection fee per bed,” interpreted to mean that the base residential rate ($2,000 for water, $2,250 for sewer) was multiplied by one-third of the number of beds authorized for the facility.

Appellant sought to…

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