In the August, 2014, issue of Orange County Lawyer Magazine W. Michael Hensley’s co-authored article—“Water Rate Pricing Under Proposition 218: The State of the Problem and the Problem of the State”—is highlighted in the Special Feature section on Water Rights.
In the article, Hensley discuss the case authority of Capistrano Taxpayers Ass’n, Inc. v. City of San Juan Capistrano (Orange County Superior Court Case No. 30- 2012-00594579; currently pending on appeal, Fourth Appellate District, Division Three, Case No. G048969), where the court ruled that the city’s tiered rate structure violated Proposition 218 because the city’s rates are not cost-based or meet 218’s mandates. Hensley explain key requirements described by the court in terms of assessing the constitutionality of water rate pricing, concluding that conservation—especially during the state’s drought— and Proposition 218 compliance may be harmonized without the use of penalties and rates masked as conservation efforts.
W. Michael Hensley, attorney in the Firm’s Business, Commercial and Complex Litigation Practice Group, specializes in law and motion proceedings, trials, arbitrations, meditations, and appeals as well as specialty writ proceedings. Hensley are based in AlvaradoSmith’s Santa Ana office.