Building Industry Ass'n v. Marin Municipal Water District

—Appellants, Building Industry Association of Northern California (BIA), Perini Land and Development Company (Perini), and others, filed petitions for writs of mandate and for declaratory and injunctive relief, in which they sought to invalidate an ordinance adopted by respondent, the Marin Municipal Water District (the District), prohibiting new water connections in the District’s service area. This appeal is from the judgment of dismissal entered after the trial court sustained the District’s demurrer to appellants’ third amended petitions without leave to amend. We affirm the judgment.

Appellants’ Allegations

According to the allegations of the petitions, the District is a municipal water district organized and existing under Water Code section 71000 et seq., which provides water to the southern two-thirds of Marin County. Its water supply is highly variable and depends primarily on annual rainfall collected in a local reservoir system.

Appellants alleged that between 1982 and 1988, the District failed to take effective action to control demand or augment its available water supply, and that by 1988, demand approached the limits of that supply. In July 1988, the…