Crawley v. Alameda Cnty, Waste Mgmt. Auth.Annotate this Case
The Alameda County Waste Management Authority imposed a $9.55 annual charge on all households for disposal of household hazardous waste, by enactment of an ordinance entitled “An Ordinance Establishing a Household Hazardous Waste Collection and Disposal Fee.” Crawley challenged the Ordinance via a petition for a writ of mandate or administrative mandamus, arguing that the fee constituted an assessment under article XIII D of the California Constitution, requiring approval by a majority of the electorate pursuant to section 4. In the alternative, Crawley contended the fee was not imposed in compliance with the requirements of article XIII D, section 6. The court of appeal affirmed dismissal without leave to amend, rejecting Crawley’s assertion that the fee is not incidental to property ownership and concluding that the fee falls within an exemption to the constitutional requirements.