Lutfi Kharuf

Best Best & Krieger LLP

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When is a Franchise Fee a Tax?

Franchise Fees Charged to Waste Hauler are Not a Tax if Reasonably Related to the Value of the Franchise - Franchise fees that exceed the reasonable value of the franchise conveyed may be considered taxes, according to a...more

4/19/2020 / Franchise Agreements , Franchise Fees , Municipalities , Public Agencies , State and Local Government

Failure to Participate in Prop. 218 Hearing Does Not Bar Fee Challenge - Calif. Supreme Court Holds Such Hearings Do Not...

A ratepayer may challenge the method of allocating property-related fees without first participating in the public hearing for, and filing a written protest against, the adoption of such new or increased fees, the California...more

6/7/2019 / CA Supreme Court , Fees , Municipalities , Proportionality , Proposition 218 , Public Agencies , Public Hearing , State Constitutions , Utility Rates , Wastewater

Ruling Leaves Local Public Agencies Open to Legal Actions Asserting Wasteful Government Spending by Non Property Owners

Cherrity Weatherford, who was a resident of the City of San Rafael in Marin County, rented (but did not own) property in the City. Although Weatherford’s vehicle was not impounded, she nonetheless took issue with the City’s...more

7/21/2017 / Article III , Fraud Abuse and Waste , Motor Vehicles , Property Tax , Public Agencies , Public Funds , Rental Property , Standing , State and Local Government

Transient Occupancy (Hotel) Taxes May be Limited by Ruling

California public agencies that impose transient occupancy (hotel) taxes may be limited in the tax they can collect from online transactions. The California Supreme Court on Monday ruled that TOT are limited to the...more

12/15/2016 / Hotel Tax , Internet Retailers , Local Ordinance , Occupancy Tax , Proposition 218 , Public Agencies , Retailers , Wholesale

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