Bear Valley Mutual Water Co. v. County of San Bernardino

TAMURA, J.

This is a companion case to

Fuller

v.

San Bernardino Valley Municipal Water Dist., ante,

p. 52 [51 Cal.

[70]

Rptr. 120] 4th Civil No. 7560, decided this day. Reference is made to our opinion in that case for the factual background giving rise to these appeals.

Appellant Bear Valley Mutual Water Company, the owner of lands underlying Big Bear Lake, appeals from an order denying a writ of review and writ of mandate to restrain and have declared void proceedings conducted by the Board of Supervisors of San Bernardino County for the formation of Big Bear Municipal Water District, on the ground that the petition for formation was not signed by the number of registered voters required by section 71121 of the Water Code as added in 1963.

The petition was filed with the county clerk on August 15, 1961, and on August 17, 1961, the registrar of voters certified that it was signed by the requisite number of signers in accordance with the requirement of section 3 of the Municipal Water District Act of 1911 as amended (hereafter designated Act of 1911). The clerk presented the petition to the board of supervisors on September 5, 1961, but before it could take any action it was served with a restraining order issued in

Yribarne

v.

County of San Bernardino

(San Bernardino Sup. Ct. No. 107244). Although the county prevailed in that action the board was enjoined from proceeding with the formation of the district pending Yribarne’s appeal. Following affirmance of the judgment in that case

(Yribarne

v.

County of San Bernardino,

218 Cal.App.2d 369 [32 Cal.Rptr. 847], on September 23, 1963, the board made an order finding that the petition was signed by the requisite number of voters and ordered the formation election to be held on January 7, 1964.