Cape Concord Homeowners Assn. v. City of Escondido
Annotate this CaseFrom 1980 through 2012, the City of Escondido (City) supplied water through a single water meter to a residential condominium homeowners association, and starting in 2006 billed for sewer services per gallon of water that flowed through that meter. The association used some of that water for its swimming pool and related bathroom facilities, which were connected to the City's sewer system. However, according to the association, upwards of 97 percent of the water was used for irrigating landscape common areas. In 2012 the City determined those landscape areas were not connected to the City's sewer system and at the association's request installed a separate, second water meter to supply water exclusively to that part of the property. The primary issue in this appeal was whether, from 2006 to before the second water meter was installed, the homeowners association was entitled to a refund under Government Code section 53082 of sewer service fees paid for the water used for irrigating the common area landscaping, for which no sewer services were provided. The Court of Appeal concluded section 53082 did not apply because liability for wrongfully collecting sewer service fees under this statute did not depend on a property owner's subjective or particular use of City-supplied water through a single water meter, but rather on whether the premises serviced by that meter are or are not connected to the sewer system. Here, during the period the property was supplied by a single water meter, the premises was, in fact, connected to the City's sewer system. Accordingly, the Court affirmed the trial court's order denying the association's petition for a writ of mandate.
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