Sad day for RM3 litigation
The First District Court of Appeal handed down its decision today, affirming the lower court’s dismissal of the Howard Jarvis Taxpayers Association’s challenge to the Bay Area Toll Authority’s Regional Measure 3 (RM3). The decision, which echoed the detailed textual analysis of the trial court’s decision, had one new significant element. Another panel of the same appellate court had recently ruled on a very similar matter. The Zolly court ruled that Proposition 26 placed the burden on the state or local agency imposing a purported fee to demonstrate its reasonableness in relation to the value received by the fee payor.…
