Cardellini

Cardellini v. Casey

Good Law
181 Cal. App. 3d 389·1986 Cal. App. LEXIS 1620·226 Cal. Rptr. 659
Court of Appeal of CaliforniaMay 22, 1986A024542California3,310 words

Opinion

Opinion

Kline, J.

Appellants Wayne and Lorraine A. Cardellini appeal from an order transferring this case to the municipal court as a matter outside the jurisdiction of the superior court. The sole issue presented is whether this transfer was proper.

Statement of Facts

The facts essential to the jurisdictional question are undisputed. Appellants own two plots of land in the City of Woodside, California, which receive water service from the City of Redwood City. The dispute between the parties arises from a fee of $6,554.63 charged for connection of appellants’ newly built home to Redwood City’s water supply via a water main constructed by Melvin Casey, a private developer.

In November 1978, the Redwood City Council adopted resolution number 8611, which added sections 15(a) and 15(b) to the rules and regulations of the city water department. Section 15(a) establishes a procedure by which the water department will consider applications for extensions to its water distribution system, built at the applicant’s cost. Section 15(b) authorizes the city to enter refunding agreements with applicants who have installed such extensions, to permit the applicants to obtain partial reimbursement from…

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