City of Port Hueneme v. Oxnard Harbor District

In this case of first impression, after granting a rehearing, we again hold that Harbors and Navigation Code section 6077.5 authorizes a harbor district to acquire a railroad without the prior consent of the city in which railroad land is located. The City of Port Hueneme (City) appeals from a judgment of dismissal after the trial court sustained the demurrers of the Oxnard Harbor District (Harbor District), the Ventura County Railway Company (Railway) and other parties to the City’s complaint challenging the Harbor District’s acquisition of land without the City’s prior consent. We affirm the trial court’s order sustaining the demurrers without leave to amend.

FACTUAL AND PROCEDURAL SUMMARY

The City is a charter city organized under California law. The Harbor District is organized pursuant to Harbors and Navigation Code section 6000 et seq. The board of commissioners of the Harbor District is the governing body of the Harbor District.

The Railway is a limited liability company that owns real property within the City’s boundaries consisting of approximately one or two miles of right-of-way, tracks, and the underlying land. The Smith Trusts owned the Railway until…