Fighting For Residents Of California Everyday
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,...
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....
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...
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...
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...
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...
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...
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...