Plantier v. Ramona Municipal Water DistrictAnnotate this Case
The Supreme Court held that when an agency considers increasing a property-related fee, the fee payor challenging the method of fee allocation need not exhaust administrative remedies by participating in a Proposition 218 hearing that addresses only a proposed rate increase.
Cal. Const. art. XIII D, 6, which was added in 1996 by Proposition 218, requires that before a local governmental agency may impose or increase property-related fees and charges it must notify affected property owners and hold a public hearing. The representative plaintiffs in this class action sought to invalidate a wastewater service charge imposed by a water district, claiming that the district's method for calculating the charge violated one of the substantive requirements of Proposition 218. The trial court concluded that the suit was barred because the plaintiffs failed to exhaust administrative remedies by raising their challenge at public hearings on proposed increases to the rate charged for services. The court of appeal reversed. The Supreme Court affirmed, holding that a Proposition 218 rate hearing was not an administrative remedy that the plaintiffs were required to exhaust under these particular circumstances.