Class Action Challenges Public Agencies’ Retail Water Rates Under Proposition 218

April 2020

Rebecca R. A. Smith

California Water Law & Policy Reporter, Volume 30, Number 7


On February 19, 2020, a class action lawsuit challenging the retail water rates of more than 80 public agencies was filed in Santa Clara County Superior Court. The case, Kessner et al v. City of Santa Clara et al. Santa Clara County Superior Court Case No. 20CV364054, alleges that the rates charged by each of the named entities exceed their cost of service, in violation of Proposition 218.

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