Holloway
Holloway v. Showcase Realty Agents, Inc.
Opinion
lead Opinion
Premo, J.
*874 *761 The San Lorenzo Valley Water District (District) acquired real property in Boulder Creek, California from Gregory and Edwige Dildine (Dildines). Bruce Holloway is a taxpayer within District, and filed suit claiming the contract was void under Government Code section 1090, because one of District's directors, Terry Vierra, had an interest in the contract by nature of his partial ownership in Showcase Realty (Showcase), the agency that facilitated the property sale, and the fact that his wife was the listing agent for the property.
District and Showcase brought a successful demurrer on the ground that Holloway lacked standing to assert a claim for conflict of interest.
On appeal, we consider whether Holloway had standing under Government Code section 1092 to bring an action for conflict of interest. We also consider whether Holloway was required to bring a validation action to challenge the real estate contract under Code of Civil Procedure section 863.
STATEMENT OF THE FACTS AND CASE 1
Holloway filed his second amended complaint in July 2015 alleging the following: He is a citizen and taxpayer served by District. Vierra was a board *762 member of District, and a…