Imperial Land Co. v. Imperial Irrigation Dist.

Respondents, owners of real property within the Imperial Irrigation District, filed a petition in the superior court praying for a writ of mandate to compel appellants to call an election submitting to the electors within the district the question of levying a special assessment of two per cent. After the trial the court rendered judgment granting the writ, and the defendants appeal therefrom.

The basis of the application for the writ is found in section 59 of the “Bridgeford Act,” as amended in 1911 (Stats. 1897, p. 254; 1911, p. 1111), which, after certain provisions respecting special assessments initiated by the vote of the electors, is as follows: “An assessment of not to exceed two per centum of the value of the assessable property within the district may be levied in any one year without such vote, by the adoption of a resolution by at least four-fifths of the members of the board of directors . . .; provided, further, that if a petition signed by qualified voters in the district equal in number to fifteen per centum of the votes cast at the last preceding general election in such district, shall, ... be filed with such board, petitioning that an election relative to the…