Appeals court hears Pebble Beach couple’s suit against Monterey Peninsula Water District

A state appeals court on Tuesday heard arguments in a case pitting a Pebble Beach couple against the Monterey Peninsula Water District.

Richard and Sharlene Thum filed sued the agency after the water district discovered two shower fixtures installed in the couple’s home without permission.

The fixtures were discovered during a July 2010 inspection. The Thums had earlier obtained a permit from the water district to convert an 85-square-foot storage area into a bathroom.

The water district gave them permission to install the bathroom before a district worker inspected their house to finalize the permit process. The worker not only checked the bathroom, but also looked through the entire home, finding two handheld shower heads the district claimed were installed without their permission.

The Thums maintained that the home’s previous owner denied making any changes to the fixtures after the district’s last inspection in 2007, but the district said it wasn’t aware of them.

In their suit, filed in Monterey County Superior Court, the Thums challenged the water district’s authority over household water use, and their regulation of fixtures based on water use. They also claimed the district inspection was an invasion of privacy.

But a Monterey County Superior judge rejected the Thums’ claims in early 2013, finding in favor of the water district.

The Thums’ attorney, Richard’s sister Margaret Thum, filed an appeal with the 6th District Court of Appeals. The San Jose-based appellate court heard arguments in the case Tuesday, but a decision won’t be issued for a number of weeks, if not longer.