Broad Beach Geologic Hazard Abatement District v. 31506 Victoria Point LLC
Facts: A local agency imposes a special assessment on beachfront parcels subject to shoreline erosion to fund the import of sand and construction of a revetment to slow further erosion. The special assessment excludes county-owned parcels and expands recreational benefits to the general public. The agency seeks to enforce collection of the assessments.
Claim: The beachfront owners claim the agency cannot enforce collection of the assessments since the agency failed to include county-owned parcels in the assessments and consider the expanded recreational benefits for the general public.
Counterclaim: The agency claims the special assessment is enforceable as they need not account for the benefits of the improvements to the general public since the expanded recreational benefits which result impose no additional cost.
Holding: A California appeals courts holds the special assessment is invalid and may not be imposed on the beachfront parcels as allocated since the agency failed to include the county-owned parcels and consider the expanded recreational benefits the project creates for the general public. [Broad Beach Geologic Hazard Abatement District v. 31506 Victoria Point LLC (2022) 81CA5th 1068]
Read Broad Beach Geologic Hazard Abatement District v. 31506 Victoria Point LLC here
Related reading:
Due Diligence and Disclosures
Bonded indebtedness for property improvements
