York

Appellants, the Fremont Fire District Board of Commissioners, brought an action for declaratory relief to determine whether they or respondent Santa Clara County Board of Supervisors constitute the district board of directors, within the meaning of the Fire Protection District Law of 1961 (Health & Saf. Code, § 13801 et seq.), of the Fremont Fire District. They appeal from a judgment in favor of respondent, following an order granting respondent’s motion for summary judgment and dismissing the complaint. We affirm.

History

The Fremont Fire District was established as a county fire protection district on June 25, 1928, pursuant to a resolution of the Santa Clara County Board of Supervisors and state legislation enacted in 1923 (the 1923 Act) which authorized the formation of such districts in unincorporated territory of the county. (Stats. 1923, ch. 191.) Section 5 of the 1923 Act, as amended in 1925, provided: “The board of supervisors of any county wherein any county fire protection district is established shall be the governing body thereof and shall have power to make and enforce all rules and regulations necessary for the administration and government of such…