In plaintiff-property owners' suit against a town challenging its supplemental assessment to place overhead utility lines underground, trial court's judgment in favor of the town is reversed as the supplemental assessment fails to satisfy the proportionality requirement imposed by article XIII D of the California Constitution which mandates that no assessment shall exceed the reasonable cost of the proportional special benefit conferred on a parcel.
Filed December 31, 2009
Opinion by Judge McGuiness
For Appellant: Frank Mulberg and Brett D. Mulberg
For Appellee: McDonough Holland & Allen PC, Thomas R. Curry and Andrea S. Visveshwara; Ann R. Danforth, Town Attorney