Opinion No. (2002)

BILL LOCKYER Attorney General ANTHONY S. DA VIGO Deputy Attorney General JOHN B. LINDEN has requested this office to grant leave to sue in quo warranto upon the following questions: 1. Is Joel Scalzitti unlawfully holding the office of director of the Helix Water District due to a failure to satisfy the qualification of being a landowner within the district? 2. Is Joel Scalzitti unlawfully holding the office of director of the Helix Water District due to a failure to satisfy the qualification of being a resident within the division of the district from which he was elected? CONCLUSIONS 1. Whether Joel Scalzitti is unlawfully holding the office of director of the Helix Water District due to a failure to satisfy the qualification of being a landowner within the district presents substantial issues of fact and law requiring judicial resolution. 2. Whether Joel Scalzitti is unlawfully holding the office of director of the Helix Water District due to a failure to satisfy the qualification of being a resident within the division of the district from which he was elected presents substantial issues of fact and law requiring judicial resolution. ANALYSIS John B. Linden ("Linden") contends…