Yribarne

The plaintiff, as a taxpayer and property owner within the boundaries of the proposed district, brought suit against the County of San Bernardino and the members of its board of supervisors to restrain them from calling an election or acting further in response to a petition for the organization of the “Big Bear Municipal Water District.’’ In his complaint the plaintiff alleges that the Municipal Water District Act of 1911, hereinafter referred to as the Act (Stats 1911, ch. 671, p. 1290, as amended; Deering’s “Water—Uncodified Acts, ’’ 1962 (Pt. One) Act 5243; West’s Wat. Code Ann.—App., § 20-1 et seq.) is unconstitutional and that the plaintiff would suffer irreparable injury and damage if the defendants should call the election; the points made with respect to its claimed uneonstitutionality are: (1) that “ [I]t authorizes the inclusion of plaintiff’s properties within the proposed district without opportunity for a hearing and determination that it will be benefited thereby,” and (2) that the act involves “. . . an unconstitutional delegation of the legislative power to determine the boundaries of a municipal water district to private persons of unknown identity”; plaintiff…