The Regents of the U. of Cal. v. City of Santa Cruz CA6

I. INTRODUCTION

This appeal arises from a dispute between appellant the Regents of the University of California (Regents) and respondent the City of Santa Cruz (City) regarding the City’s obligation to supply municipal water to the University of California, Santa Cruz (UC Santa Cruz) under the terms of two agreements that the parties entered into in 1962 and 1965 after the Santa Cruz area was selected as the location for a new University of California campus. By 2005 the City had become concerned about the growth of the UC Santa Cruz campus and a controversy arose regarding whether the City was obligated to supply water for new campus development, and, in particular, those parts of the campus that were outside City jurisdiction. After the City failed to confirm that it would supply water under the terms of the parties’ agreements, the Regents filed an action against the City seeking declaratory relief and specific performance of City’s water service obligations. The parties each filed a motion for summary judgment, or in the alternative, summary adjudication of the causes of action for declaratory relief and breach of contract—specific performance contending that their…