Miller & Lux, Inc. v. Board of Supervisors

The plaintiff petitioned the superior court of the county of Madera for a writ of review for the purpose of inquiring into the validity of an order of the defendant board of supervisors calling an election for the establishment of an irrigation district, to be known as the Madera Irrigation District. A demurrer for want of sufficient facts and alleging lack of jurisdiction was interposed and sustained by the trial court and judgment was rendered against the plaintiff in pursuance of such ruling on demurrer. The plaintiff appeals from the judgment.

[1] The respondents moved to dismiss the appeal upon the ground that the question involved has become moot. This contention is based upon the fact that since the bring ing of this suit the plaintiff has sued the Madera Irrigation District in the United States District Court and in doing so has specifically alleged in its complaint therein that the Madera Irrigation District is, and at all times therein mentioned had been, an irrigation district incorporated under the laws of the state of California and under the act known as the California Irrigation District Act. That suit was brought to restrain the alleged improper use of the funds…