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Jackson Resident Sues City Over Garbage Rates

Krause, Kalfayan, Benink & Slavens, LLP announced in a press release that Jackson resident William Orescan filed a lawsuit in Amador County Superior Court against the City of Jackson. The suit alleges that the City has violated the Constitutional provisions of Proposition 218 by failing to allow the public the opportunity to protest garbage rate increases. More...

Success Stories

Read about local ratepayers who have successfully protested rate increases.
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About Prop 218

Passed by voters in 1996, Proposition 218 amended the California Constitution to require cities, governments and special districts to allow affected property owners to protest any proposed new or increased property-related fees.
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City of Sutter Creek Settles Prop 218 Garbage Suit

Krause, Kalfayan, Benink & Slavens, LLP announced in a press release that the City of Sutter Creek settled a lawsuit with residents Dorothy and Paul Pressnall. In the settlement, the City agreed to pay attorney fees and to follow Proposition 218 requirements on future garbage rate increases as the Pressnalls asked in their suit.

In May 2011, RPA members wrote a letter to the council and attended a meeting to discuss a garbage rate increase requested by ACES Waste for service to Sutter Creek. At the meeting the public asked the Council to follow the law and abide by Prop 218. The City Attorney, told the public that because ACES was a private company, the city was not required to follow the state constitutional amendment that allows ratepayers the opportunity to protest unfair rate increases.

At a second meeting in June 2011, the city responded to a letter from RPA. At that meeting the Council refused to let the public speak on the rate topic, even though new information was presented because the ACES spokesman could not answer questions at the first hearing. Once again the City Attorney told the public and Council that the City was not required to follow Prop 218 for the garbage rate increase.

Having heard both RPA representatives and the City representatives speak, the Pressnalls decided to take legal action to settle the argument. They prevailed and ensured that Sutter Creek residents will not be disenfranchised by their City Council in the future. The City has agreed to abide by Prop 218 for future rate increases and to pay $12,500 for the Pressnallís attorney fees.