Del Paso Recreation & Park District v. Board of Supervisors

Plaintiffs appeal following a judgment of dismissal entered after the trial court sustained, without leave to amend, defendants’ general demurrer to plaintiffs’ second amended complaint. The action, brought pursuant to Government Code section 56008, attacks the validity of a reorganization of recreation and park districts within a defined geographic area of Sacramento County. The reorganization of- districts was accomplished under the District Reorganization Act of 1965 (Gov. Code, § 56000 et seq., sometimes hereinafter referred to as the “Act”). One of the results of reorganization was the detachment of a portion of plaintiff Del Paso Recreation and Park District (“Del Paso”) and annexation of the detached area to defendant Citrus Heights Recreation and Park District (“Citrus Heights”).

Fairly summarized, together with matters which we may judicially notice, the second amended complaint (with its numerous attachments and exhibits) discloses the following: Del Paso was organized in 1959 under article 1, chapter 4, division 5 (§ 5780 et seq.) of the Public Resources Code as an “autonomous district” (governed by its own elected board of directors); the district contains…