Paso Robles water battle lingers

September 5, 2012

A local judge said Tuesday that his decision on the fate of new water rates in Paso Robles will await a higher court ruling on the same matter which is due shortly.

A lawsuit brought by resident John Borst and several other individuals alleges that city officials’ attempt to tie residential water rates to payments for the city’s share of Nacimiento Water Project was in fact a new and unapproved tax assessment. Borst’s lawsuit asserts that residents are due an $8 million refund for monies unlawfully collected by the city. That contention was turned aside last year by Judge Martin Tangeman, who said the increase comprised a fee, and therefore was lawful.

Borst challenged that ruling, saying that the increase should have been put to voters as a proposed tax increase.

Judge Jac Crawford will wait to hear what an appellate court has to say about the previous related case. That decision could be rendered within weeks.