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Krause, Kalfayan, Benink & Slavens, LLP Files Action To Invalidate Rodeo Hercules Fire Assessment

SAN DIEGO, Sept. 2, 2014 /PRNewswire/ -- A resident of Hercules, CA represented by Krause, Kalfayan, Benink & Slavens, LLP has filed a lawsuit against the Rodeo Hercules Fire Protection District seeking to invalidate a $948,329 fire protection assessment passed on June 11, 2014. 

The lawsuit alleges that the assessment violates Proposition 218, the Right to Vote on Taxes Act.  Proposition 218 provides that an assessment can only be imposed on properties that receive special benefits from the services funded by the assessment.  The lawsuit alleges that fire protection services provide general benefits to the community at large and should have been passed as a special tax by a two-thirds super majority.  Instead, the assessment was approved by approximately 57% of the property owners.

In addition, the suit alleges that the engineer's report relied upon by the District did not properly identify the costs of the improvements allegedly funded by the assessment. 

Krause, Kalfayan, Benink & Slavens, LLP is a boutique San Diego law firm that represents citizens, ratepayers and taxpayers in fee-related litigation against municipalities. 

SOURCE Krause, Kalfayan, Benink & Slavens, LLP

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