Inzana

Inzana v. Turlock Irrigation Dist. Bd. of Dirs.

Good Law
247 Cal. Rptr. 3d 427·35 Cal. App. 5th 429
Court of Appeal of CaliforniaApril 24, 2019F075810California10,434 words

Opinion

Lead Opinion

Snauffer, J.

*433 Turlock Irrigation District (TID) is an irrigation district formed and existing under the Irrigation District Law ( Water Code, § 20500 et seq. ), 1 which grants irrigation districts authority to "do any act *433 necessary to furnish sufficient water in the district for any beneficial use." (§ 22075.)

Anthony Inzana (Inzana), a landowner in the TID, planted over 160 pistachio trees within an easement Inzana's predecessor granted TID to construct a pipeline, and which gave TID the right of access to maintain the pipeline. TID gave Inzana notice that he must remove the trees, as they violated both the easement and TID's irrigation rule that prohibits certain encroachments being planted or placed within TID's conduits or rights-of-way. Inzana appealed the decision to TID's Board of Directors (Board), which upheld the tree removal order. When Inzana thereafter failed to remove the trees, TID refused to deliver water to Inzana's lands, which is a remedy provided TID under its irrigation rules.

Inzana filed a petition for writ of administrative mandamus, challenging both the tree removal order and the cessation of his water deliveries. The trial court denied the petition. On…

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