Sunday, June 21, 2009

Prop. 218 Claims Not Subject To Validation Statutes

In Bonander v. Town of Tiburon (here), the Supreme Court has held that claims that a utility undergrounding assessment is invalid under Prop. 218 don't need to comply with the strict requirements of the validation statute. The case turns primarily on statutory interpretation, but the result seems absolutely right. The validation statutes are a trap for the unwary and shouldn't be applied unless the governing law is absolutely clear, which it was not in this case.

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