County of Fresno v. Malaga County Water District
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…