Lighting Maintenance Taxes Refundable Under California Law

Local taxes used to fund municipal landscaping and lighting maintenance for four years were ordered refunded by a California appeals court because the charges violated a statewide ballot measure.

Proposition 218 restricts local officials’ ability to increase taxes without voter approval, and while the disputed taxes were already in effect prior to the passage of the voter initiative, the charges increased after Proposition 218 took effect, violating the law, the court held.

The city of Fairfield increased the taxes due to escalating costs of services but a state law implementing Proposition 218 clarifies that increasing taxes is still forbidden for ...