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Paso Robles water-rate protestor continues legal effort

Paso Robles resident John Borst is continuing his efforts to prove that the city illegally increased its water rates to pay for its portion of the Nacimiento Water Project.

Borst filed a motion on Sept. 30 asking San Luis Obispo Superior Court Judge Jac Crawford to reconsider a lawsuit that Crawford dismissed 10 days earlier.

Crawford dismissed that case — which Borst filed in June — because it was essentially the same lawsuit that a different judge ruled against in 2010.

Borst has long argued that Paso Robles’ water rate increases to pay for its portion of the new water supply should have been considered a special tax requiring voter approval, instead of going forward as a fee on a water bill.

But in October 2010, Superior Court Judge Martin Tangemen ruled them a fee, not a tax.

In his latest filing, Borst asks Crawford and Tangemen to reconsider their previous rulings because Borst claims to have new arguments to present on the issue.

Borst previously said in an email to The Tribune that his new lawsuit claims more than 10 new examples of city water rate noncompliance.

A hearing to consider his latest proposal is tentatively scheduled for Oct. 25 at the Paso Robles branch of county superior court.

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