Verified petition for writ of mandate and complaint for declaratory relief: CIVDS1604968 (March 28, 2016)

Petitioner brings this action to compel the Town of Apple Valley (Town or Respondent) to comply with its obligations under Proposition 218 … with respect to the monthly wastewater (i.e. sewer) fees and charges it imposes on its wastewater customers. As discussed more fully herein, the Town imposes fees and charges that exceed the cost of providing wastewater service, are not proportionate amongst customers, fund expenses previously incurred, and support general governmental services, each of which violates Section 6 subdivision (b). It also failed to give proper written notice of its rate increases in violation of Section 6 subdivision (a). Petitioner seeks a writ of mandate and/or judicial declaration that orders the Town to comply with these constitutional mandates before it imposes any further wastewater fees or charges.


13. The Town uses sewer fees and charges collected from its customers to fund general governmental expenses unrelated to the cost of providing sewer service. According to its Fiscal Year 2015-2016 budget, it has made the following transfers from its Wastewater Fund to its General Fund over the past three fiscal years:

2012-2013 $1,668,538 (Actual)
2013-2014 $1,563,943 (Actual)
2014-2015 $1,707,400 (Estimated)
2015-2016 $1,896,510 (Budgeted)