Our Team

Megan Burke

Partner

mburke@jarvisfay.com | 510.318.3010

Megan specializes in local government revenues, including the adoption and defense of rates, fees, and taxes in compliance with Propositions 13, 218 and 26 and the Mitigation Fee Act. In her advisory role, Megan regularly reviews, water, sewer, solid waste, and stormwater rate studies and assists agencies with adopting and implementing rates in compliance with all Constitutional and statutory requirements. Megan also has extensive experience reviewing nexus studies to justify impact and capacity fees and costs of service studies supporting the adoption of regulatory and user fees. She is well versed in the Mitigation Fee Act and the various requirements related to the adoption, implementation, management, and expenditure of development fees and exactions. Megan also regularly advises clients regarding the adoption and implementation of inclusionary housing requirements and Quimby Act dedication requirements and in lieu fees.

As a litigator, Megan has defended multiple lawsuits challenging the legality of water and sewer rates and capacity fees, impact fees, business license taxes, transient occupancy taxes, Mello Roos special taxes, utility taxes, and various other charges and revenue measures.

In addition to her specialty in local revenue issues, Megan also provides special counsel litigation and advisory services on a wide range of public law matters, including eminent domain and inverse condemnation, redevelopment dissolution, the Bradley-Burns local sales tax law, local land use and zoning issues, general municipal law, the California Public Records Act, the Brown Act, and conflicts of interest.

Megan received her law degree from the University of California at Berkeley School of Law (Boalt Hall) in 2009.

Presentations

  • Have a Garbage Franchise Fee? Responding to Zolly v. City of Oakland                  California Society of Municipal Finance Officers, February 2023
  • Salvaging Tiered Water Rates Post San Juan Capistrano                                              Contra Costa County City Attorneys Association, June 2015
  • California Public Records Act and Record Retention Policies                                        Client Presentation, 2014
  • Lessons Learned from Livermore’s Experience with the Board of Equalization              Bay Area City Attorneys Luncheon, January 2014

Publications

  • Inclusionary Housing Requirements Suffer Another Blow                                            The Northern News, June 2015

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