Brooktrails Township CSD Service Charge Procedures for Customers Not Receiving Water, Measure D (November 2010)

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A Brooktrails Township CSD Service Charge Procedures for Customers Not Receiving Water, Measure D ballot proposition was on the November 2, 2010 ballot for voters in the Brooktrails Township Community Service District in Mendocino County. It was approved but as of May 2012, it was judicially invalidated.

Measure D banned the township from collecting base rate charges on foreclosed or vacant properties. Measure D would have resulted in a lower rate for property owners who turned their water off for long periods of time.[1]

Subsequent to the victory of Measure D at the polls, the township's government filed a lawsuit seeking to have it overturned. The basis of their claim was that it should have taken a two-thirds supermajority vote to pass, rather than a simple majority. That's because the victory of Measure D meant that some homeowners (those who do not turn off their water for lengthy periods of time) would have ended up paying higher fees of about $75/year and, under the state's constitution, it takes a two-thirds supermajority vote voters for a local government to impose a higher fee or tax.[1]

The township's lawsuit was victorious. In May 2012, Mendocino County Judge John Behnke agreed with the township's view of things, and declared Measure D to be null and void. On July 6, 2012, Measure D supporter David Paland filed an appeal.[1]

Election results

Measure D
Approveda Yes 737 53.64%
These final election results are from the Mendocino County elections office.

Text of measure

The question on the ballot:

Measure D: Shall the Brooktrails Township Community Services District stop collecting water and sewer service charges from customers who have requested their water service be turned off?[2]


Measure D was the brainchild of Brooktrails Township resident David Paland. Paland secured approximately 175 signatures to qualify Measure D for the ballot.[1]

See also

External links

Suggest a link


  1. 1.0 1.1 1.2 1.3 Willits News, "Brooktrails resident appeals court decision tossing 2010 measure," August 1, 2012
  2. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

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