Winnaman

Winnaman v. Cambria Community Services District

Good Law
1989 Cal. App. LEXIS 150·208 Cal. App. 3d 49·256 Cal. Rptr. 40
Court of Appeal of CaliforniaFebruary 3, 1989B033898California2,438 words

Opinion

Opinion

Abbe, J.

Appellant Frank L. Winnaman appeals from a judgment denying his petition for a writ of mandate to compel respondent Cambria Community Services District (CCSD) to provide water and sewage service to Winnaman’s development project for a connection charge of $3,840.08 rather than the $24,544.78 demanded by CCSD. We affirm.

Facts

The matter was tried upon facts stipulated by the parties. Winnaman planned to construct a “commercial service center” with buildings to be used for warehouse and storage, wholesale sales and services, contractors’ offices, auto repair and storage and related uses.

CCSD is authorized to provide water and sewer service to applicants who qualify under state law and CCSD’s ordinances and regulations. CCSD is also authorized by law to prescribe, revise, collect and charge reasonable fees for its services and facilities.

On February 8, 1984, Winnaman obtained a “will serve” letter from CCSD. The letter stated in pertinent part: “To Whom it May Concern: [fl] This letter serves as notification that the District will serve water and sewer to [Winnaman’s parcel] for Commercial Services Only upon presentation of your Coastal Development Permit and the…

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