City of Redwood v. Dalton Construction Co.

In 1983, appellant Dalton Construction Company contracted with San Mateo County to construct a public utility as part of the *1572 county’s wastewater management plan. In 1984, Dalton, a licensed contractor, obtained a permit from respondent City of Redwood City to haul “ ‘earth materials’ ” under this contract and paid $2,475 in fees pursuant to its hauling ordinance. Dalton’s later request for a refund was refused by the city.

Pursuant to its county contract, Dalton transported “ ‘earth materials’ ” over the city’s streets to a site in an unincorporated area on the outskirts of the city. It necessarily used vehicles with gross weights over three tons in order to complete this task. In June 1984, one of Dalton’s drivers was cited for violating the city’s earth hauling ordinance. Ultimately, the driver was acquitted of these charges.

In 1985, the city filed an action against Dalton to collect additional fees. In 1988, an arbitrator denied the city’s claim. The city rejected the decision. In September 1988, the trial court awarded the city $8,500 in additional fees that it sought. Dalton appeals, contending that it is exempt from the city’s hauling ordinance and that the…