Best Best & Krieger attorney Piero Dallarda won a key court decision for the Salton Community Services District when a judge ruled that the district did not have to refund some $300,000 to a mobile home park.
The plaintiff, the Salton Sea Mobile Home Park in Salton City, alleged the district was violating Proposition 218 by charging a monthly fee for sewer service that was not being used by some of the park’s empty lots.
Dallarda argued that the Prop. 218 refund process can’t be applied to a community services district like it can to a city or county. In addition, he argued, it takes resources and money to make the service available, whether or not it is used, and charging a monthly fee for that investment of resources does not violate Prop. 218.
Imperial County Superior Court Judge Jeffrey B. Jones granted Dallarda’s motion for summary judgment, which prevented an expensive trial from moving forward.