May It Please The Court: Weblog of legal news and observations, including a quote of the day and daily updates

Skip To Content

MIPTC Author:

Bookstore:


Listed in Latino Who's Who, June 2014
 Attorney
Categories [more]
General (1983)
Lawyer 2 Lawyer (283)
Latest Blogs
This Month's Posts [more]
S
M
T
W
T
F
S
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Links of Interest [more]
Locations of visitors to this page

Creative Commons License
This work is licensed under a Creative Commons License.


Quote of the Day - In this business, by the time you realize you're in trouble, it's too late to save yourself. Unless you're running scared all the time, you're gone. - Bill Gates
Adjust font size: A A+ A++
Claim Your Profile on Avvo

We Never Even had the Chance to Complain

To challenge an ordinance in California, you have to file suit within 120 days (Gov't Code section 66022). In this case, the ordinance setting the connection fee for sewer and water was passed in 1997.

In Merced County, California, a company sought to build a 32-bed care facility, and got hit with a $45K connection fee. Quite surprised, the company paid the fee under protest, and filed a complaint seeking refund of the fees, or part of the fees one day later. The water district denied the claim, and of course a suit followed.

In the case against the water district, the court held that the company's complaint was too late. Although the court omits from the factual recitation the date the complaint was filed, I assume it was filed more than 120 days after the ordinance was filed in 1997.

It's likely, too, that the company that built the residential care facility either formed or came into the district well after 1997. This result seems particularly harsh if those circumstances are true. The law cited by the court, however, addressed and rejected that argument. The underlying case determined that the wrong that was being challenged was the ordinance, not the later impostion of fees. Consequently, the challenge was too late.

Long and short: due diligence.

Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Tuesday, September 09, 2003 at 09:31 Comments Closed (0) |
 
Share Link