O'KEEFE

O'Keefe v. Atascadero County Sanitation District

Good Law
1971 Cal. App. LEXIS 1114·21 Cal. App. 3d 719·98 Cal. Rptr. 878
Court of Appeal of CaliforniaDecember 1, 1971Civ. 37237California4,623 words

Opinion

Opinion

Dunn, J.

This is an appeal from a judgment dismissing a petition for writ of mandate after the trial court sustained a general demurrer thereto without leave to amend.

The petition was filed April 28, 1970, by Leonard O’Keefe, Helen Hagedorn and Ernest Hagedorn. Named as defendants were the Atascadero County Sanitation District, the County of San Luis Obispo and five individuals who comprised the county board of supervisors and the board of directors of the Sanitation District.

The petition contained four causes of action. In the first cause of action petitioners alleged: they were residents of the county and of the Sanitation District; the Hagedorns owned real property in the district, while O’Keefe owned no real property within the county; the Sanitation District is located entirely within the boundaries of the county, and does not contain any territory which is located in a city or in another sanitation district; the members of the county board .of supervisors are elected from supervisorial districts throughout the county, and they also serve as the board of directors of the Sanitation District; the districts of four of the supervisors are not within the boundaries of the…

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