September 6, 2025
Summer Update: New Evidence Submitted, DOJ Complaint Filed, and Next Steps

Dear Supporters,

Since January, a lot has moved. I submitted authenticated evidence to state agencies, filed a complaint with the California Department of Justice, and continued documenting how OVSD’s practices impact ADU homeowners who use existing laterals (indirect connections). The trial court sustained OVSD’s demurrer and entered judgment without reaching the legality of charging ADU “capacity” fees where no mandated direct connection is required. The work isn’t over.

What’s changed since January
Evidence to HCD & DOJ (June 19–20): I submitted an authenticated package showing OVSD misrepresented ADU sewer connection types to justify capacity fees, and that OVSD’s own counsel has acknowledged fees hinge on a direct (new/separate) connection being required. This record is now with the California Department of Housing & Community Development (HCD) and the DOJ Public Integrity Unit.

Court Ruling on Procedure, Not Merits (July 29): The court sustained OVSD’s demurrer and entered judgment without deciding the core legal question: can a district charge a capacity fee when an ADU uses an existing lateral and no new/separate connection is mandated?

Ongoing Transparency Concerns: OVSD continues using “deferred capacity charge” agreements and has added disputed sums to property tax bills, raising public-process issues we’re preserving for oversight and any appellate review.

Where things stand on an appeal
I’m prepared to appeal, but escalating costs and time commitments mean I’m re-evaluating the route forward. Justice is expensive—in more ways than one. I’ll keep you posted on this decision as I continue weighing options with counsel and enforcement partners.

The core principle remains the same
California ADU policy is clear on the standard: A capacity fee may be charged only when a new or separate, mandated direct connection to the sewer main is required. If an ADU ties into an existing lateral (an indirect connection) and no direct connection is mandated, a “capacity” fee is not permitted. This is the issue we’ve documented—and the one that must ultimately be resolved on the merits.

How can you help?
Share & Ask 3 Friends to Sign: The petition signals public interest to agencies and legislators: https://chng.it/PnqyvZXRK5

Tell Your Story: If you paid ADU “capacity” fees without a mandated direct connection—or were pushed into a “deferred” plan—share details at https://adurights.org (dates, amounts, documents).

Oversight & Amicus: If you have leads on pro bono appellate support or amicus partners, please connect us.

Stay Informed: I’ll post updates as significant milestones occur (agency replies, records releases, appellate decisions).

Your support—steady, informed, and fair-minded—has carried this effort. Thank you for standing up for lawful, transparent, and housing-supportive practices.

With gratitude,

Ric Vane
Sign & share: https://chng.it/PnqyvZXRK5
Learn more / submit your story: https://adurights.org