California state Controller John Chiang will appeal a ruling that he cannot withhold legislator’s pay for passing an unbalanced budget, according to local reports.

Chiang filed a notice of appeal in Sacramento Superior Court on Monday, according to the Sacramento Bee.

Last year, the controller suspended lawmakers pay after determining the spending plan passed by a June 15 deadline was unbalanced.

Gov. Jerry Brown vetoed that budget before eventually signing a new version on June 29, 2011.

Chiang’s action cost each rank-and-file lawmaker $4,830, according to the Sacramento Bee.

In January, Senate President pro Tem Darrell Steinberg and Assembly Speaker John Perez sued to challenge Chiang’s authority to dock lawmakers’ pay.

A Sacramento Superior Court judge ruled that only the Legislature could determine whether the budget they come up with is balanced.

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