To be expected at this point.
A class action lawsuit has been filed against the city, seeking to reimburse residents who pay the drainage fee that helps fund ReBuild Houston, the multibillion-dollar streets and drainage improvement program that voters narrowly approved in 2010.
The lawsuit comes on the heels of a Texas Supreme Court ruling issued Friday that found that the ReBuild ballot measure failed to disclose the cost of the drainage fee to the public. The case has been sent back to trial court, where plaintiffs expect a swift victory and legal experts said it’s likely a judge will honor the Supreme Court ruling.
Andy Taylor, attorney for the plaintiffs in that case, is also behind Wednesday’s class action suit. The named plaintiff, or class representative, is resident Elizabeth Perez, one of the plaintiffs in the original ReBuild suit.
In order for the class action suit to move forward, a judge must agree that there is a group of similarly disadvantaged people, constituting a “class.” Taylor is attempting to include all residents who receive a water bill to which the drainage fee is tacked on every month. His argument hinges on the idea that property owners were “under duress” when they paid the drainage fee because they could have their water shut off if they failed to do so.
See here for the background. Is there a form I can fill out to attest that I’d sooner have an arm gnawed off by wombats than consent to be legally represented by Andy Taylor? Because while I have no doubt that there are many homeowners who would like to get a refund on their drainage fees, there are plenty – like me and the commenter on this Chronicle story – who are happy to have paid a few extra bucks each month to help fund infrastructure improvements, however imperfectly they were done. If Andy Taylor tries to claim that all homeowners were coerced into paying the fee, then he deserves to lose, because he sure as hell doesn’t speak for me.
A later version of the story suggests Taylor’s actions are indeed odd.
In order for the class-action suit to move forward, a judge must agree that there is a group of similarly disadvantaged people, constituting a “class.” Taylor is attempting to include all residents who receive a water bill, to which the drainage fee is tacked on every month. His argument hinges on the idea that property owners were “under duress” when they paid drainage fees because they could have their water shut off if they failed to do so.
City Attorney Donna Edmundson called the class action lawsuit “very premature” because the trial court case over the legality of the ReBuild ballot measure hasn’t been resolved. Without establishing that the fee is illegal, Taylor’s class action suit would be moot.
“This presupposes we’ve lost,” Edmundson said. “We haven’t lost on remand yet. We still get our day in court. The charter amendment has not been struck.”
Stanford law professor Deborah Hensler said Taylor’s case is ambitious because he is not only seeking to halt the fee, but also to reimburse residents going back five years. The sheer logistics involved in repaying residents and the financial hardship to the city could factor into a judge’s decision even if the legal case is sound, Hensler said.
“Most judges are sensitive to the size of the damages,” Hensler said.
Well, no one has ever said Andy Taylor doesn’t reach for the stars. He seldom gets there, but he does reach. We’ll see what a judge makes of it.
On a related note, I went and checked the Facebook pages and Twitter feeds of each of the five candidates for Mayor who had not made a statement about the Supreme Court ruling as of my previous post. Here’s Sylvester Turner’s statement, posted on June 15 at 11:44 AM. The other four – Chris Bell, Adrian Garcia, Marty McVey, and most puzzling to me Steve Costello still had nothing to say on the subject as of last night. I will ask again: What are you waiting for?