March 10, 2016 (San Diego) — Procopio attorneys John D. Alessio and Adriana Ochoa represented the Ramona Municipal Water District (RMWD) in a class action trial  that ended with a California state court judge granting judgment for the RMWD.  After hearing the evidence in this novel case, Hon. Timothy Taylor ended the class action trial alleging excessive sewer rates in violation of Proposition 218.  The lawsuit alleged that the RMWD’s method of charging sewer fees was based on a parcel’s assigned equivalent dwelling units (EDU) claiming such charges may exceed the proportional cost of the services. Plaintiffs in the trial were seeking refunds dating back to 2012.

Attorneys Alessio and Ochoa presented evidence on the plaintiffs’ failure to exhaust their administrative remedies, an issue that was heard  first at trial.  Said Alessio, “Dating back to 2012, the plaintiffs failed to appear at water district public hearings that provide the public an opportunity to protest rates before the board votes on rate increases and its new fiscal year budget.”  He argued in closing, “if you want to change the rates for the entire town, you better voice your protest at the town hall meeting.”  The court agreed.