City of Taft v. West Kern County Water District

Good Law
1968 Cal. App. LEXIS 2312·262 Cal. App. 2d 291·68 Cal. Rptr. 675
Court of Appeal of CaliforniaMay 17, 1968Civ. No. 870California2,380 words

Opinion

Lead Opinion

Conley, J.

The City of Taft, Taft Heights Sanitation District, and Ford City Sanitation District brought this suit against West Kern County Water District for declaratory relief alleging that they jointly own, operate and maintain facilities for the collection, treatment and disposal of sewage éffiuent in or near the City of Taft in Kern County; that they desire to sell or lease the substance to private persons, firms or corporations for treatment and processing with the resulting product of purified water to be used in steam-flooding operations in the'oilfields. The-complaint points out that the water district has notified’ the City of Taft .that .it objects to such proposed sale without the consent of West Kern " County Water District as a prerequisite pursuant to the provisions of section 31053 of the Water Code. The plaintiffs declare in their pleading that the code section does not apply to the existent situation. The defendant’s demurrer to the complaint was overruled and the water district filed an answer.

In its answer the defendant has denied the material allegations of the complaint and alleges four affirmative defenses as follows:

Plaintiffs in turn demurred to the second and…

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