Court OK’s Taxpayer Association Fire Prevention Fee Lawsuit

The Howard Jarvis Taxpayers association, on behalf of a group calling California’s Fire Prevention Fee unconstitutional, got the ok from Sacramento County Superior Court last week to pursue a class action lawsuit against the California Department of Forestry and the California Board of Equalization.

Approved in 2011 by the Governor and Legislature, the fee affects more than 700,000 rural property owners in Californian. Here in Lassen County there are 4,885 property owners facing the yearly fire fee.

“I’ve opposed this new tax from the beginning, because I believe it is unconstitutional,” explains retired State Senator George Runner who is spearheading the suit. “The Governor and Legislature simply called it a ‘fee’ to avoid the 2/3rds vote requirement designed to protect taxpayers. That’s why the Howard Jarvis Taxpayers Association, with my full support, has filed a class action lawsuit in Superior Court aimed at halting this illegal money-grab.”

Runner claims this tax has not resulted in increased fire protection. Instead, he says, the money collected is taking the place of funding that was diverted to other government programs.

The Sacramento County Superior Court’s ruling granted ‘class status’ to the Taxpayers Association’s lawsuit, alleviating the need for property owners to take legal action individually — something Runner calls an unfair, expensive and burdensome prospect.

What happens next? According to Runner once the discovery process concludes — hopefully later this year — the Taxpayers Association  will file a motion asking the court to rule in favor of fire fee payers. Should the judge grant the motion, there would be no need for a trial. Trials are usually reserved for cases where factual findings are necessary.

Assuming taxpayers prevail, it remains likely the state will appeal the ruling, perhaps all the way to the Supreme Court.

“Still,” says Runner, “any step forward is good news for rural property owners who continue to be subject to an illegal tax that has done nothing to provide greater fire protection.”