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Lawsuit against water district moves forward

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In a tentative ruling, a judge has certified that a class action lawsuit against the Ramona Municipal Water District, claiming its sewer service charge is unlawful, can proceed to trial. A trial date was expected to be scheduled for mid-June, said attorneys for both sides.

The suit, filed on behalf of three commercial property entities, alleges that the water district violates California’s Proposition 218 because the district imposes a sewer service charge “based solely on equivalent dwelling unit (EDU) value that bears no rational relationship to a parcel’s actual wastewater use.”

The class in the suit pertains to Ramona water district customers who have paid a sewer service charge on or after Nov. 22, 2012. The plaintiffs are seeking refunds of EDU-based sewer charges paid on or after that date.

The suit was filed on behalf of Eugene G. Plantier as Trustee of the Plantier Family Trust, Progressive Properties Incorporated, and Premium Development LLC. Plantier is owner of the property at 109 10th St. where Mariscos Mar De Cortez restaurant is located.

Orrin Day is listed as the agent for both Progressive Properties Inc. and Premium Development LLC. The plaintiffs are represented by the Patterson Law Group and Carpenter Law Group.

Ramona water district has retained Procopio Cory Hargreaves & Savitch LLP to represent the public agency.

“We’re very confident in our position that the sewer charges are fair and sound,” said Adriana Ochoa with Procopio.

She noted that the district had rate and fee studies conducted for both wastewater service areas and said that is being ignored by opposing counsel.

The studies, conducted by Bartle Wells Associates, resulted in reducing sewer connection/mitigation fees for the Santa Maria and San Vicente sewer service areas from approximately $20,000 to $13,000 per EDU last year. The board approved the reduction for Santa Maria in February and for San Vicente in December.

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