BIGHORN-DESERT VIEW WATER AGENCY v. KARI VERJIL Part II
BIGHORN-DESERT VIEW WATER AGENCY v. KARI VERJIL Part II
BIGHORN-DESERT VIEW WATER AGENCY v. KARI VERJIL Part II 07:25:2006
BIGHORN-DESERT VIEW WATER AGENCY v. KARI VERJIL
Filed 7/24/06
IN THE SUPREME COURT OF CALIFORNIA
BIGHORN-DESERT VIEW WATER )
AGENCY, )
)
Plaintiff, Cross-defendant and )
Respondent, )
) S127535
v. )
) Ct.App. 4/2 E033515
KARI VERJIL, as Registrar of Voters, etc., )
) San Bernardino County
Defendant and Cross-defendant; ) Super. Ct. No. SCV 097005
)
E. W. KELLEY, )
)
Real Party in Interest, Cross- )
complainant and Appellant. )
___________ )
Story continue from Part I ……..
Article XIII D defines â€
Description
Portion of Proposition 218, Right to Vote on Taxes Act, which provides that "the initiative power shall not be prohibited or otherwise limited in matters of reducing or repealing any local tax, assessment, fee or charge," grants local voters authority to adopt an initiative measure reducing local public water district's charges for delivering domestic water to existing customers but does not permit use of initiative to require voter pre-approval for future increases in those charges or for imposition of any new charge. Where proposed initiative would have combined a permissible decrease in water rates with an impermissible restraint on future increases, impermissible provision was sufficiently significant to support trial court's ruling that proposed measure could not appear on ballot.
