Secara

Miller & Lux Inc. v. Secara

Good Law
1924 Cal. LEXIS 361·193 Cal. 755·227 P. 171
Supreme Court of CaliforniaJune 10, 1924S. F. No. 9944.California5,072 words

Opinion

Lead Opinion

Myers, J.

This is an action to quiet plaintiff’s title against the lien of an irrigation district assessment upon the ground of the invalidity of the organization of the defendant Madera Irrigation District, and the invalidity of an assessment of $35,859.96 levied by the board of directors of such irrigation district. Judgment was rendered in favor of the defendants.

The defendants claim that the defendant district was properly organized and that the plaintiff by suing the Madera Irrigation district as such, and alleging that it is claiming to be and acting as an irrigation district, has admitted at least that the defendant was a de facto district, and therefore that plaintiff cannot attack the validity of its organization in his action, which is in the nature of a collateral attack thereon.

The first objection to the validity of the district is that the description of the district in the proceedings for organization is uncertain and therefore that the whole proceedings are void because of the fact that the lines of the district cannot be ascertained. This contention is based upon the alleged impossibility of locating the right bank of the Fresno River, which is made one of the boundary…

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