The executive board of the Malibu Township Council voted unanimously Monday to sue Los Angeles County in an effort to block construction of a $43-million sewer system.
The lawsuit, which must be filed by Feb. 11, will allege that by approving the sewer plan last week, the Board of Supervisors imposed an unconstitutional tax on property owners. The typical Malibu homeowner would pay $9,900.
The suit will charge that the levy is "not fairly distributed" since about 70% of the system's cost will be paid by property owners outside of the Civic Center area, but only a small fraction of the sewer plant's capacity will be used by those owners, Township Council attorney John Murdock said in a recent interview.
In addition, the suit will charge that the county did not make a legally required "good faith" effort to analyze and reply to assertions by community-hired experts, who testified that septic tanks have caused no health hazard and are only a minor cause of landslides that have plagued the Malibu area.