County of Fresno v. Malaga County Water District

Good Law
100 Cal. App. 4th 937·123 Cal. Rptr. 2d 239·2002 Cal. App. LEXIS 4463·2002 Daily Journal DAR 8663·2002 Cal. Daily Op. Serv. 6934
Court of Appeal of CaliforniaJuly 31, 2002F038163California2,438 words

Opinion

Opinion

Levy, J.

The issue presented by this appeal is whether a county water district is statutorily authorized to incorporate as a city. When the Malaga County Water District (Malaga) initiated incorporation proceedings, the County of Fresno (County) filed the underlying action to enjoin the process. The trial court issued an injunction on the ground that, as a matter of law, Malaga could not incorporate without special legislation.

Malaga contends that it has the ability to incorporate as a city under the Cortese-Knox Local Government Reorganization Act of 1985 (1985 Act). (Gov. Code, § 56000 et seq.) According to Malaga, its status as a “district of limited powers” does not take it outside of the statutes that permit “any district” to make “any change of organization,” including a city incorporation. (§§ 56021, 56119.)

As discussed below, Malaga is correct. Applying the canons of statutory interpretation, it must be concluded that the 1985 Act permits a county water district that meets all prerequisites to incorporate as a city. Thus, we reverse.

Statement of the Case and Facts

Malaga is a county water district organized and existing under Water Code section 30000 et seq. In…

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