City of Los Angeles v. Metropolitan Water District

Opinion

ALLPORT, J.

Metropolitan Water District of Southern California, a public corporation (MWD) appeals from an adverse summary judgment in declaratory relief whereby it was adjudged and decreed that City of Los Angeles, a municipal corporation (City) has authority under the Metropolitan Water District Act and other provisions of law to require MWD at its expense to perform “potholing”

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in order to determine the true location of MWD facilities under City streets where such facilities could interfere with public works being conducted by the City or by the City on behalf of another governmental agency or by another governmental agency on its own behalf, irrespective of the MWD facilities being located in the streets prior to those of the governmental agency.

Issue

While MWD appeals from the aforesaid judgment in its entirety, the issue before us is more precisely defined in the opening brief at pages 4, 5, and 18 as follows: “Two distinct situations were presented to the lower court in this case. The first concerned potholing of Metropolitan facilities required for a street-related project being conducted by the City. The lower court held that the City had authority to require Metropolitan to perform this location work at Metropolitan’s expense. This ruling is in accord with the general principles of relocation law and Metropolitan does not challenge this ruling.

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“The second situation concerned potholing done in furtherance of a project being performed by a third public entity, such as a flood control district. In this case, the lower court held that the City, acting on the behalf of the third public entity, had the authority to require Metropolitan to pothole its facilities which were located in City streets, at Metropolitan’s expense. The court’s ruling includes those situations where Metropolitan’s facilities were located in the City’s street before the facilities of the third public entity were so located. Metropolitan contends that this ruling of the lower court is unfair, unreasonable and contrary to the preferred rule of relocation law....

“For these reasons, Metropolitan urges that the portion of the decision of the lower court which holds that the City has authority to impose the cost of potholing on Metropolitan which is performed for the subsurface projects of third public entities be reversed.. .. ”