County of San Mateo v. Belmont County Water District

Voters within the area embraced by the Belmont County Water District (hereafter District) caused to be presented to the *487 San Mateo County Board of Supervisors a petition, under the District Reorganization Act of 1965 (Gov. Code, § 56000 et seq.; hereafter the Act), requesting that proceedings be initiated for the establishment of the District as a subsidiary district of the City of Belmont. The board of supervisors, according to the Act, thereafter ordered “the establishment of the . . . District as a subsidiary district of the City of Belmont subject to confirmation by a majority of the voters residing within the District at a special election . . . .” At the special election the board of supervisors’ order was not confirmed by the required majority of the total number of votes cast. The County of San Mateo (hereafter County) thereupon presented to the District “a bill in the amount of $5,498.15 for services rendered by the County Clerk in connection with the election . . . .” The refusal of the District to pay the bill engendered the instant litigation.

The superior court entered summary judgment in favor of the County for the amount of its bill, and the District…