SAN FRANCISCO –A class action lawsuit has been filed against the city of San Francisco, arguing that the city's proposed stormwater charges violate the state's constitution.
Plaintiffs Robert Gluck and Adam Hertz filed a class action lawsuit in San Francisco County Superior Court against the city of San Francisco and several unnamed individuals, citing violations of Article XIII D, Section 6 of the California Constitution, which pertains to property-related charges.
According to court documents, on July 1, 2023, the city of San Francisco adopted a rate structure separating stormwater charges from sewer charges, scheduled to be phased in over a seven-year period. The plaintiffs allege that the city did not submit the new stormwater charge for voter approval as required by the state's constitution.
The plaintiffs further argue that the sewer charges imposed by the city exceed the actual cost of providing sewer service and that the excess revenue from the sewer charges has been used to fund stormwater programs, violating the state's constitution.
The complaint goes on to argue that the city violates the state constitution by recovering stormwater costs through a rate structure that is not proportional to the cost of stormwater service, as it is based on factors that reflect the cost of sewer service rather than the cost of stormwater management.
The lawsuit requests that the court declare that the city is prohibited from imposing or collecting stormwater charges without voter approval, using sewer rates to fund stormwater programs, and allocating stormwater costs based on factors that reflect the cost of sewer service rather than the cost of stormwater management.
The plaintiffs are seeking various forms of relief, including refunds of illegal charges, injunctions to prevent the collection of unauthorized charges, declaratory relief confirming the violations, plus attorneys' fees, court costs, and other relief. They are represented in the case by attorney Michael D. Singer, of Cohelan Khoury & Singer, in San Diego.
San Francisco County Superior Court case number CGC-23-609954