Opinion No. (2006)

BILL LOCKYER Attorney General MARC J. NOLAN Deputy Attorney General CAMERON BROTHERS CONSTRUCTION COMPANY has requested leave to sue in quo warranto upon the following question: Is Clayton Isemann unlawfully holding the office of director of the Borrego Springs Park Community Services District because he does not reside in the district? CONCLUSION Whether Clayton Isemann is unlawfully holding the office of director of the Borrego Springs Park Community Services District because he does not reside in the district presents substantial questions of fact and law warranting judicial resolution. ANALYSIS Cameron Brothers Construction Company ("Relator") alleges that Clayton Isemann ("Defendant") does not reside in the Borrego Springs Community Services District ("District") and thus is ineligible to serve on the District's board of directors. Relator requests that we grant leave to sue in quo warranto to remove Defendant from his office. On May 21, 2005, Defendant was appointed to fill a vacancy on the board of directors of the District. 1 Relator alleges that Defendant resides in Valley Center, County of San Diego, outside the boundaries of the District. Relator also alleges that…