Eiskamp

Eiskamp v. Pajaro Valley Water Management Agency

Good Law
137 Cal. Rptr. 3d 266·2012 Cal. App. LEXIS 95·203 Cal. App. 4th 97·2012 WL 309545
Court of Appeal of CaliforniaJanuary 4, 2012No. H036624California3,139 words

Opinion

Lead Opinion

Mihara, J.

*100 Opinion

After respondent Pajaro Valley Water Management Agency (Agency) enacted three ordinances (ords. Nos. 2002-02, 2003-01, 2004-02) that increased groundwater augmentation charges for the operators of wells in the Agency’s jurisdiction, several lawsuits challenging the constitutionality of the ordinances were filed. In 2008, these lawsuits were resolved by a stipulated agreement for entry of judgment. In 2010, appellant John G. Eiskamp filed a complaint against the Agency seeking a declaration that ordinance No. 2002-02 (Ordinance) was invalid, a refund of augmentation charges, and an order directing the Agency to cease collection of the augmentation charges. The trial court sustained the Agency’s demurrer to the complaint without leave to amend and entered judgment in favor of the Agency. We hold that the doctrine of res judicata bars relitigation of the causes of action in Eiskamp’s complaint and affirm the judgment.

I. Factual and Procedural Background

On May 31, 2002, the Agency’s board of directors (Board of Directors) approved the Ordinance, which established an augmentation charge of $80 per acre-foot for the extraction of groundwater from facilities within the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.