Marquardt

Metropolitan Water District v. Marquardt

Good Law
1963 Cal. LEXIS 151·28 Cal. Rptr. 724·59 Cal. 2d 159·379 P.2d 28
Supreme Court of CaliforniaFebruary 21, 1963L. A. 26662California14,096 words

Opinion

Opinion

Gibson, J.

This is a proceeding in mandamus to compel James J. Marquardt, the executive secretary of the Metropolitan Water District of Southern California, to take certain procedural steps necessary to carry out a contract for the delivery of water from the facilities of the State Water Resources Development System to the district. The contract was made on November 4, 1960, between the district and the State of California, acting through its Department of Water Resources, pursuant to the California Water Resources Development Bond Act (Wat. Code, §12930 et seq.), the sections of the Water Code relating to the Central Valley Project (Wat. Code, § 11100 et seq.), and other legislation. Marquardt’s refusal to act is based on his assertion that the contract is invalid.

Mandamus is available to compel an official to perform a ministerial duty, and in a proceeding brought for that purpose courts may determine the validity of govern mental contracts and laws authorizing prospective bond issues. (City of Palm Springs v. Ringwald, 52 Cal.2d 620, 622-623 [ 342 P.2d 898 ] ; City of Walnut Creek v. Silveira, 47 Cal.2d 804, 807 [ 306 P.2d 453 ] ; Golden Gate Bridge etc. Dist. v. Felt, 214 Cal. 308,…

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