Prop. 218 Success

LFAP successfully represented the City of Lemon Grove and the Lemon Grove Sanitation District in a recent Proposition 218 challenge filed by a rate payer.  The underlying Writ of Mandate action sought to set aside over $3 million in transfers from the Sanitation District to the City, contending that the transfers were not properly tied to actual costs incurred for the Sanitation District’s benefit, in violation of Proposition 218.  The trial court denial of the Writ and ruling in favor of the City and Sanitation District was appealed.  The Court of Appeal upheld the trial court ruling, finding that the City and Sanitation District demonstrated the transfers were proper.  On June 2, 2015 the Court of Appeal published its Opinion in Moore v. City of Lemon Grove, et al, 237 Cal.App.4th 363.  LFAP is experienced in appropriately structuring and defending such enterprise fund transfers.

 

The Appellate Court’s Opinion can be found at http://www.courts.ca.gov/opinions/documents/D066670.PDF.

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