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At the Lectern

Supreme Court will decide case regarding citizen power to challenge local water rate increase

January 31, 2019

At its Wednesday conference yesterday, the Supreme Court’s actions of note included:

  • The court granted review in Wilde v. City of Dunsmuir. In that case, the Third District Court of Appeal’s published opinion concluded that Proposition 218 — a 1996 initiative that, among other things, expressly allows an initiative to “reduc[e] or repeal[ ] any local tax, assessment, fee or charge” — should not have barred the use of a referendum to challenge a city’s water rate increase. The Court of Appeal additionally held that the referendum was not invalid as precluding the functioning of an essential government service. There’s also a mootness issue in the case, because, although not having been allowed to vote on the referendum, the city’s voters defeated a separate initiative to establish a different water rate.
  • The court also agreed to hear People v. Henson, in which a divided Fifth District held in a published opinion that prosecutors have the discretion, and don’t need the court’s permission, to file a unitary information when a defendant is held to answer on charges brought in separate cases following separate preliminary hearings.
  • There were two grant-and-transfers, one civil and one criminal, and one criminal case grant-and-hold.

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