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.
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 2/3rds 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 2/3rds supermajority vote voters for a local government to impose a higher fee or tax.
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.
| Measure D|
| 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?
Measure D was the brainchild of Brooktrails Township resident David Paland. Paland secured approximately 175 signatures to qualify Measure D for the ballot.