Honegger

Honegger v. Reclamation District Number 1619

Good Law
12 Cal. Rptr. 76·190 Cal. App. 2d 684·1961 Cal. App. LEXIS 2354
Court of Appeal of CaliforniaMarch 30, 1961Civ. No. 19169California2,616 words

Opinion

Lead Opinion

Coakley, J.

This ease involves questions of operation and maintenance assessments on property lying *687 within Reclamation District Number 1619, which, in turn, is located in Contra Costa County. The appeal is by the interveners from a judgment of the superior court of that county.

Unless otherwise indicated all code section references are to the Water Code. And unless otherwise indicated the plaintiff and respondent landowners will be referred to as respondents, the defendant and respondent Reclamation District Number 1619, as the District, and the intervener and appellant property owners as the appellants. The term “supervisors” as used herein shall mean the Board of Supervisors of Contra Costa County. The term “trustees” as used herein shall mean the Board of Trustees of Reclamation District Number 1619.

The facts essential to a disposition of this appeal are as follows: Sections 51320 et seq. of the Water Code provide the method for raising funds for maintenance, repair and operation of reclamation works. The funds are raised through assessments on lands within the reclamation district, and are known as “operation and maintenance assessments” (§ 51326). They differ from so-called…

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