Walters

Plaintiff appeals from an “Order Granting Dismissal of Complaint” filed August 21, 1975. This order is not appealable. (Code Civ. Proc., § 904.1.) No judgment was entered following the August 21, 1975, order, so the appeal is technically premature. Nevertheless, it is clear that the order was intended to be a final disposition of the controversy, and it is signed by the court. Accordingly, on our own motion we treat it as a final judgment. (Martino v. Concord Community Hosp. Dist. (1965) 233 Cal.App.2d 51 [ 43 Cal.Rptr. 255 ]; 6 Witkin, Cal. Procedure (2d ed. 1971) Appeal, § 69, p. 4083.)

This is an action by a Plumas County citizen and taxpayer against the County of Plumas (hereinafter “county”) and two individual defendants, arising out of the implementation of a solid waste disposal plan by the county. The trial court dismissed plaintiff’s complaint for failure to comply with Code of Civil Procedure sections 860-870 (the “validating” statutes), in that it was not filed within 60 days after the cause of action arose. The question is whether the validating statutes apply.

The county’s plan was initiated because of a presidential order stating that after July 1974 there…