Brydon v. East Bay Municipal Utility District

Opinion

HODGE, J. *

Appellants are customers of respondent East Bay Municipal Utility District (the District) who seek to invalidate the water rate structure design enactéd by the District in April 1991 as part of a comprehensive drought management program. Appellants petitioned for writ of mandate and sought declaratory and injunctive relief. The petition alleged: (1) the inclining block rate structure at issue constitutes an invalid “special tax” in violation of article XIII A, section 4, of the California Constitution; (2) the adoption of the rate structure was arbitrary, capricious and not…