San Francisco Storm Water Rates Class Action Partially Proceeds

A class action accusing San Francisco city and county of illegally imposing storm water fees is partially dismissed, but its claim the fees are disproportional can proceed, a California appeals court held.

The charges fall under the definition of exempt “sewer” services under Proposition 218, otherwise known as the “Right to Vote on Taxes Act,” so the fees don’t have to be approved by local voters, the California Court of Appeal, First Appellate District said.

The court came to its conclusion by examining how other statutes enacted around the same time as Proposition 218 defined sewer. The legislature had ...