Byers
Byers v. Board of Supervisors
Opinion
Opinion
Gabbert, J.
In 1957 and 1958 certain residents of San Bernardino County in the Daggett, Newberry and Yermo desert areas formed the Elephant Mountain T.V. Club to rebroadcast television signals by use of a television translator station. The club charged the members for the rebroadeasting service.
In 1965 the club encountered financial difficulties because certain residents of the area found it desirable to receive the service gratuitously, rather than making contributions in support of the club. As revenues fell, certain members of the club circulated a petition in the area served by the translator station requesting that the San Bernardino County Board of Supervisors form a tax-supported entity to pay for such television rebroadcasting service.
After the petition was received by the Board of Supervisors, two members of the Board initiated proceedings to form County Service Area No. 40 to provide television translator signals. The Board unanimously passed and adopted a resolution indicating its intention to form such County Service Area. The notice required by law was duly published and a public hearing held. Following the hearing, the Board found that the desert area mentioned could not…