Aughenbaugh

Introduction

The issue in this appeal is whether appellants have stated a cause of action against respondents Tuolumne County Board of Supervisors (Tuolumne) and Groveland Community Services District (Groveland) for refund of water standby charges paid by appellants and other owners of unimproved lots in the Pine Mountain Lake subdivision at Groveland, California. The trial court answered the question in the negative and sustained respondents’ general demurrer to appellants’ complaint without leave to amend.

As we shall explain, the water standby charges were lawfully collected by respondents pursuant to the Community Services District Law (Gov. Code, § 61000 et seq.), the Irrigation District Law (Wat. Code, § 20500 et seq.) and the Revenue Bond Law of 1941 (Gov. Code, § 54300 et seq.). The standby charges are part of the bond contract and are pledged to pay the costs of the bonds. Although the amount of the charges exceeded the amount authorized by Government Code section 61765, 1 the statutory violation was cured by the Legislature’s adoption of validating statutes enacted after the fixing of the charges. Appellants have not been deprived of any constitutional due…