New Davidson Brick Co. v. County of Riverside

This case concerns the formation of a “community facilities district” (hereinafter, district) by the respondent County of Riverside (hereinafter, County) pursuant to the Mello-Roos Community Facilities Act of 1982 (Gov. Code, § 53311 et seq., hereinafter referred to as the Act and/or cited by statutory section numbers only). In particular, the dispute comes before us as a result of a challenge by appellant (hereinafter, New Davidson) to the validity of the district’s formation. New Davidson prosecuted its challenge by way of a writ proceeding in the trial court, which proceeding was determined adversely to New Davidson. This appeal followed. We conclude that the appeal must be dismissed as untimely.

Facts

As noted above, we conclude that this appeal must be dismissed as a consequence of its not having been timely noticed. Therefore, an extended rendition of facts is not necessary.

In the spring of 1987, the statutory proceedings necessary to the formation of the district were initiated. (See § 53318 of the Act.) As proposed, the boundaries of the district encompassed property owned by the real parties in interest as well as property owned by New Davidson. On December…