Home Gardens Sanitary District v. City of Corona

Good Law
116 Cal. Rptr. 2d 638·2002 Cal. App. LEXIS 1587·2002 Daily Journal DAR 1777·96 Cal. App. 4th 87·2002 Cal. Daily Op. Serv. 1467
Court of Appeal of CaliforniaFebruary 11, 2002E029777California2,674 words

Opinion

Opinion

McKINSTER, J.

A sanitary district exercises its statutory authority to construct sewers within its boundaries and to require all property owners to connect to those sewers when they need sewer service. A city then annexes part of the land within the sanitary district and imposes restrictions on the ability of property owners within the annexed portion of the district to connect to the district’s sewers. Does the district have the right to prevent the city from enforcing those restrictions? If so, does the district also have the exclusive right to provide sewer services within the common area?

The trial court enjoined the city from preventing property owners from connecting to the district’s sewers but declared that both agencies had the right to provide sewer service to the area. Both sides appeal. We conclude that the trial court correctly enjoined the city but erred by failing to recognize that the district has exclusive jurisdiction to provide sewer service within its boundaries, including to territory that is also within the city. Accordingly, we modify the judgment to declare that the district has exclusive jurisdiction.

Factual and Procedural Background

The Home Gardens…

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