On May 9, 2023, the Benink & Slavens, LLP., filed suit against the City of Rialto on behalf of their clients alleging the City fails to comply with Proposition 218 and other statutes. California’s Proposition 218, among other things, prohibits local agencies,...
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The Mitigation Fee Act – Nexus Findings Explained
Cities, towns, counties and other local government agencies in California routinely impose mitigation fees when properties are developed. The fees typically are attached to the property, meaning they “run with the land” and are owed by subsequent property owners....
Court Enters $12.6 Million Judgment Against The City Of Palo Alto For Overcharging Gas Utility Ratepayers Without Voter Approval In Violation Of Propositions 218 and 26
In a taxpayer action, a judge of the Santa Clara County Superior Court ruled that the City of Palo Alto violated California Constitution article XIII C (“Propositions 26/218”) by imposing, without voter approval, rates, fees, and charges for gas utility service that...
Cities Creatively Include “Rents” And “Right Of Way Fees” As “Costs of Service” To Evade Liability Under Propositions 218 And 26
Under California Constitution, article XIII D, local governments are prohibited from imposing fees and charges that exceed the cost of service. Under article XIII C, a fee or charge for a service is a potential tax, unless the local government can show that the fee...
Cities Are Deceptively Using Reserves To Evade Proposition 26
In 1996, the People of the State of California approved Proposition 218, “The Right to Vote on Taxes Act” which amended the State Constitution by adding articles XIIII C and XIII D. Article XIII C prohibits local governments from imposing, extending or increasing...
Are Property Related Fees That Exceed Costs Taxes As Defined By Proposition 26?
Articles XIII C and D of California’s constitution address taxes, assessments and fees. They were enacted together in 1996 when the People of this state approved Proposition 218 “The Right to Vote on Taxes Act.” Article XIII D places limitations on and imposes...
Riverside Judge Strikes Down City Of Canyon Lake’s “Voluntary” EMS Subscription Fees
On June 8, 2021, County of Riverside Superior Court Judge Jackson Lucky ruled in favor of Benink & Slavens, LLP’s client in his challenge to the City of Canyon Lake’s EMS Subscription Fees. In 2020, Canyon Lake began placing an annual $192 charge on residential...
$36.5 Million Recovery Against City Of Oxnard
On March 25, 2021, after three years of extensive litigation, Benink & Slavens LLP obtained a judgment for its client Aaron Starr against the City of Oxnard in Ventura County Superior Court. The lawsuit alleged that Oxnard embedded a surcharge called an...