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NORTHERN CALIFORNIA RECORD

Friday, May 17, 2024

Richard Schram sues County of Sonoma for overcharging sewer service

State Court
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Richard Schram filed a lawsuit against the County of Sonoma and the Sonoma County Water Agency, alleging that they overcharged him for sewer service during fiscal years 1995 through 2015. The case was filed in the Court of Appeal of the State of California, First Appellate District, Division Three with the court case ID A167081 on April 23, 2024.

Schram claimed that despite a change in fee calculation methodology in 1995 from parcel's square footage and assessed value to sewage released from parcels, the defendants continued to use the old method causing an overcharge of $375,295.00 in property taxes. His refund claims submitted in January 2020 were denied for fiscal years 1995 through 2015 but reimbursed for fiscal years 2016 through 2020.

The plaintiff is seeking judgment for a refund for fiscal years 1995 through 2015. The trial court sustained defendants’ demurrer and entered judgment after concluding the claims were barred under Revenue and Taxation Code section 5097, subdivision (a)(2). Schram appeals this decision.

Justices Rodriguez, Tucher and Fujisaki all concur that the lower court judgment is affirmed and defendants are entitled to recover the costs of the appeal.

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