You are here: News - Local

Published: Monday, Sep. 26, 2011

Suits over Paso water rates go in different directions

Recent legal action over water rates is tossed out of court as an older one will get hearing in 2012

tool name

close
tool goes here
| tstrickland@thetribunenews.com

A second citizen lawsuit filed in June against Paso Robles’ water-rate increases has been thrown out, even as another lawsuit against the city that’s been on hold for about two years might finally go forward.

In the June lawsuit, John Borst of Paso Robles again argued that the city’s water rate increases to pay for its portion of the Nacimiento Water Project should have been considered a special tax requiring voter approval, instead of going forward as a fee on a water bill.

The case was essentially the same lawsuit Borst filed in May 2010 — with four other members of a Paso Robles-based citizens group — that San Luis Obispo Superior Court Judge Martin Tangemen ruled against in October.

However, Tangemen also ruled that Paso Robles city leaders could have better explained why rate hikes were needed, and he required the city to redo its public noticing process. City officials did that and finalized the rate hikes this summer.

Borst said in an email that he has filed a second lawsuit with new arguments claiming more than 10 examples of city water rate noncompliance with the provisions of Proposition 218, a 1996 law approved by California voters that allows for public protest of various government levies.

But last Tuesday, San Luis Obispo Superior Court Judge Jac Crawford threw out Borst’s June lawsuit because Tangemen previously ruled that the city’s rate increase was a fee, not a tax.

Paso Robles’ rate increase is still set to take effect in 2012.

Class action

Borst’s other lawsuit from 2009 seeks a class-action refund for the city’s 10,000 water customers on previously established water rate hikes customers already paid.

Crawford is slated to hear arguments on that case Jan. 24.

The 2009 lawsuit alleges Paso Robles leaders broke state law when they raised water and sewer rates in 2002 and 2004.

Borst and petitioners William Taylor, Brooke Mayo, Teresa St. Clair and Thomas Rusch seek to stop Paso Robles from collecting those fees and for the city to refund a collective $8 million to ratepayers.

San Luis Obispo Superior Court Judge Roger Picquet, now retired, put the case on hold in September 2009 to see how the California Supreme Court would handle a similar class-action decision in a Los Angeles case about telephone charges.

The judge in that case, Ardon v. City of Los Angeles, ruled this summer in favor of allowing one person to file a class action against a public entity in some instances.

That means that Crawford would now take the state’s ruling into consideration for Borst’s class-action request, in addition to determining whether the previous water rates were unlawful.

About comments

Reader comments on SanLuisObispo.com are the opinions of the writer, not The Tribune. If you see an objectionable comment, click the "report abuse" button below it. We will delete comments containing inappropriate links, obscenities, hate speech, and personal attacks. Flagrant or repeat violators will be banned. See more about comments here.

What you should know about comments on SanLuisObispo.com

SanLuisObispo.com is happy to provide a forum for reader interaction, discussion, feedback and reaction to our stories. However, we reserve the right to delete inappropriate comments or ban users who can't play nice. See our full terms of service here.

Here are some rules of the road:

  • Keep your comments civil. Don't insult one another or the subjects of our articles. If you think a comment violates our guidelines click the "report abuse" button. Responding to the comment will only encourage bad behavior.
  • Don't use profanities, vulgarities or hate speech. This is a general interest news site. Sometimes, there are children present. Don't say anything in a way you wouldn't want your own child to hear.
  • Do not attack other users; focus your comments on issues, not individuals.
  • Stay on topic. Only post comments relevant to the article at hand. If you want to discuss an issue with a specific user, click on his profile name and leave him a public message.
  • Do not copy and paste outside material into the comment box.
  • Don't repeat the same comment over and over. We heard you the first time.
  • Do not use the commenting system for advertising. That's spam and it isn't allowed.
  • Don't use all capital letters. That's akin to yelling and not appreciated by the audience.

You should also know that The Tribune does not screen comments before they are posted. You are more likely to see inappropriate comments before our staff does, so we ask that you click the "report abuse" button to submit those comments for moderator review. You also may notify us via email at webmaster@thetribunenews.com. Note the headline on which the comment is made and tell us the profile name of the user who made the comment. Remember, comment moderation is subjective. You may find some material objectionable that we won't and vice versa.

If you submit a comment, the username of your account will appear along with it. Users cannot remove their own comments once they have submitted them, but you may ask our staff to retract one of your comments by sending an email to webmaster@thetribunenews.com. Again, make sure you note the headline on which the comment is made and tell us your profile name.

Our news, your way

Get breaking news on your cell phone

Sign up for breaking news alerts from SanLuisObispo.com and get the latest news sent to your cell phone via text message.

Type in your cell phone number

( ) -

I accept the terms and conditions (click to view)

Keep your phone handy!

Upon hitting the Sign up! button, you will receive a message with a four-digit code at the end. Enter this number on the next screen and press the Confirm button.

Terms and Conditions:

By signing up for alerts from this site, you are signing up for a program that may include up to 5 SMS text alert(s) per alert category per day. There is no service fee charged per month but your carrier's standard text messaging and other charges may apply. You may stop this subscription service at any time by sending the text message "STOP" to 72737. You must be at least thirteen (13) years of age to use our alert services. If you are between 13 and 17 years old, you agree that you have received parental permission both to complete the registration process and to receive SMS content on your cell phone. For help, send the text message "HELP" to 72737. This service will work with ATT, Verizon, Sprint, Nextel, Alltell, US Cellular, Cincinnati Bell, Boost, Virgin Mobile USA, Celluar South, Telos, Centennial, East Kentucky Network, Cellcom, Immix and Rural Celluar.

Quick Job Search
Top Jobs