City of Fresno v. Fresno Irrigation District

JONES, J.,

pro

tem.

This action was brought by plaintiff to obtain a decree quieting its title to certain lands and to enjoin the defendants from selling said lands for the payment of an assessment levied thereon by the defendant district and from levying any tax or assessment against the lands. The defendants demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action against them or either of them, which demurrer was overruled.

The defendants did not answer the complaint, and judgment was then rendered in favor of the plaintiff, from which judgment the defendants have appealed.

In brief, the complaint alleges as follows: That the plaintiff is, and since October 27, 1885, has been a municipal corporation; that the defendant, the Fresno Irrigation District, is and since July, 1920, has been a public irrigation district organized under the laws of the state of California, and that the defendant, Will Sutherland, is and ever since the organization of the said district has been the collector of said district; that the plaintiff owns and since April 6, 1907, has owned certain real property situate within said district and consisting of 812 acres of land; that an assessment of said lands (excepting a twelve-acre tract, which was by mistake assessed to another person) for the year 1921 was made by the assessor of said district; that the directors of

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the district then, levied an assessment on the lands within said district, including the lands of the plaintiff; that the assessment on its lands was not paid by plaintiff and that the defendant, Sutherland, as the collector of the district was proceeding to sell said lands for the assessment, percentages, and costs.

The construction and maintenance of a system of public sewers by the plaintiff are then alleged, which system consists of a number of mains and laterals within the city, an outfall sewer about five miles long from the'southwest corner of the city to and upon the property here involved, the sewer farm, consisting of said real property upon which are constructed two septic tanks, and a number of ditches and lines for distribution of the effluent from the septic tank to and upon said lands; that the solids in the sewage are dissolved by bacterial action in the septic tanks and the sewage is discharged therefrom in liquid form and distributed over and upon the land so that it may sink and percolate into the soil. It is further alleged that said “tract is not sufficient for the disposal of the discharge from said city and that plaintiff is leasing 160 acres of land at a rental of $4,800 per year, for flowage of said sewage. That of said 812 acres 545 acres are not cultivated in any respect, but are covered with wild grasses, and are used principally for discharge of said sewage, during the winter; the portion thereof when not covered by water is used by plaintiff for pasturing • stock for compensation, and pasturing stock of plaintiff used on said sewer farm; 207 acres are planted to alfalfa, which are flooded from time to time with sewage; the hay growr on said land is sold by plaintiff and used to feed stock belonging to plaintiff used on said farm; that about thirty (30) acres are planted to grain, which will be sold by the plaintiff or used for feed of stock belonging to plaintiff used on said farm; that about seven (7) acres are planted to vineyard, which is not in bearing; the septic tanks occupy about three (3) acres; about seven (7) acres are used for residence of foreman, outbuildings and corrals, and about thirteen (13) acres (not cultivated) are used from time to time as required. That all of said real property, including the portion thereof planted to alfalfa, grain and vineyard, except the portion set apart for buildings, is used for disposal of sewage, and that the