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Margaret Thum, Attorney at Law Logo

Margaret Thum Takes Water District Lawsuit to Appeals Court

Appeal will challenge Monterey Peninsula Water Management District’s 30-year old water conservation rules

PRLog - Feb. 12, 2013 - SAN FRANCISCO -- After a local Monterey Superior Court Judge upheld the Monterey Peninsula Water Management District 30-year old fixture counting rules, Attorney Margaret Thum’s clients have decided to appeal their case to the Sixth District Court of Appeal in San Jose.

This fight began almost four years ago after Richard and Sharlene Thum purchased a new home in Monterey County and decided to convert a closet to a bathroom.  The Thums obtained both building and water district permits to add the new bathroom. After construction was completed, the local building department gave the permission to occupy the new bathroom.  The water district then came to inspect the new bathroom, but instead inspected the entire house.  During its inspection, the water district found two handheld faucets that it did not have in its inventory from its last inspection two years prior.  These two water fixtures were in two separate bathrooms, not related to the new bathroom, and were in the house at the time the Thums purchased it. The water district has demanded the Thums obtain a new permit for the two fixtures, which will require they be subjected to rules that limit their water use in violation of state law and that violate their right to be protected from unreasonable government searches.    

At trial, Margaret Thum argued on behalf of her clients that the water district’s rules do not comply with state laws, and violate fundamental constitutional rights, including the right to privacy and protection from unreasonable government searches.  After the trial court’s initial decision was announced in favor of the water district, the Thums received an outpouring of unsolicited support from the local community encouraging them to appeal their case.  Recognizing the court decision impacted not only them, but the community at large, the Thums decided to appeal their case.

Attorney Margaret Thum practices in San Francisco and Monterey California, handling property rights, civil rights and corporate matters.  If you believe your property or civil rights have been infringed, contact Margaret Thum, Attorney at Law or visit her website at http://www.thumlaw.com.

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Source:Margaret Thum, Attorney at Law
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Location:San Francisco - California - United States
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