August 23, 2015 - An item before the Mariposa County Board of Supervisors at their Tuesday, August 18, 2015 meeting was a Public Hearing to: Adopt the Current Fee Structure for County Service Area No. 3; and Authorize the Fees to be Placed on the Property Tax Roll for Fiscal Year 2015-16.

Push the Green button to play the Audio. About thirteen minutes.
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The following are excerpts from the meeting:

During public comment Attorney Richard L. Harriman representing William E. Davis and Citizens for Constitutional Government discussed the lawsuit against the Mariposa County Board of Supervisors.

Attorney Harriman said he was at the meeting for two reasons with one of those being the provide an update on the status of the litigation.

Attorney Harriman said the first case filed in November 2013 is still pending. The county was given an offer to settle that case and after waiting four months for a response, today they will withdraw that offer. They will revive that case and move forward with it.

The second case that is pending was filed on December 23, 2014 and is about the approval on May 13, 2014 of the fee. This case is pending and a tentative hearing date is set. Before the meeting today he filed a Points and Authorities.

The second reason Attorney Harriman said he was there was to object to several items including the Board proceeding to rely on the Engineers Report of May 13, 2014 and to the Resolution of the Findings.

Attorney Harriman said the Supervisors are operating in an unconstitutional manner.

Attorney Harriman said the Mariposa County Supervisors outside council lost a case and he finds it inconsistent that the lawyer would recommend to the supervisors to continue the "same fact and trail here."
 
Attorney Harriman said they thought they had things wound up in the first case but they do not have the attorneys fees paid so it is not wound up so they will continue to litigate. This does not make any sense to him.

Steve Dahlem, County Counsel said he does not agree with Mr. Davis's position.

The Board had nothing to say and voted 5-0 to: Adopt the Current Fee Structure for County Service Area No. 3; and Authorize the Fees to be Placed on the Property Tax Roll for Fiscal Year 2015-16.

Click here for a copy of the lawsuit against the County.