Originally posted at 1:36 p.m. Sept. 6, 2013.
A city-led appeal just became necessary in the lawsuit pitting a group of San Juan Capistrano taxpayers against the city over its water-rate structure.
Last month, an Orange County Superior Court judge agreed with the Capistrano Taxpayer Association that the way the city charges landowners for water violates the state’s Constitution.
On Tuesday, the San Juan Capistrano City Council met in closed session to decide what to do about the ruling. Several members of the group had spoken earlier in the meeting, opining that the city is not able to send out any more bills until it re-thinks the water rates.
The council voted to appeal Judge Gregory Munoz’s decision “if necessary.”
Today, the taxpayers group received a notice that the city has indeed filed an appeal. The group has already added an appellate attorney to the legal team to assist with the next stages of the litigation, said CTA member Jim Reardon.