Town of Apple Valley v. Apple Valley Ranchose Water

Filed 2/13/25 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

TOWN OF APPLE VALLEY,

Plaintiff and Appellant, E078348

v. (Super. Ct. No. CIVDS1600180)

APPLE VALLEY RANCHOS WATER ORDER MODIFYING OPINION

et al., AND DENYING PETITION

FOR REHEARING

Defendants and Respondents. [NO CHANGE IN JUDGMENT]

The petition for rehearing is denied. The opinion filed in this matter on January

15, 2025, is modified as follows:

1. On page 2 the third paragraph is modified to delete the word “entirely” and

replace it with “in large part” so that the sentence reads as follows:

We reverse for two main reasons: (1) the trial court applied the wrong

standard of proof and, in turn, failed to give the appropriate deference to TAV’s

decision and underlying findings, and (2) the trial court improperly based its

decision on post-RON facts and event, namely, Liberty’s conduct after TAV

adopted the RONs. The matter is remanded for further…