Yoder v. Board of Supervisors

LANGDON, J.

This is a proceeding to review an order of the Board of Supervisors of Riverside County, made under Statutes of 1913, page 785, as amended (Deering’s General Laws 1923, and Supp. 1925-1927, Act 9123), purporting to create Riverside County Waterworks District No. 1. Respondents filed a demurrer to the petition, which raises but one issue of law, i. e., as to the sufficiency of the description of the proposed district.

Petitioner is the owner of lands situated in Riverside County and within the territory purported to be contained within the boundaries of said Riverside County Waterworks District No. 1 by virtue of said order for formation of said district. It contends that the entire proceedings for the formation of the district are void in that no definite district is defined any place in the proceedings. The defect pointed out by petitioner runs through the entire proceedings, from the petition which initiated the proceedings to the final order declaring the district formed. The description o'f the land in the petition for formation of the district, the description in the notice fixing time and place of hearing petition and the description in the resolution calling election on the proposition of forming the district and incurring a bonded indebtedness and also the description in the order of the Board of Supervisors declaring the district formed and organized, admittedly do not describe the land intended to be included in the district. The description used in all these documents refers successively to various points in sections 7, 18 and 19, township 5 south, range 3 west. According to the map of the district which

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was appended to the petition for formation of the district and which was referred to in the notice of hearing thereon, sections 7, 18 and 19 of township 5 south, range 3 west, are situate not on the easterly but on the westerly boundary of the district as outlined on the map. Apparently, the petitioners intended to refer to sections 7, 18 and 19 in township 5 south, range 2 west.

An attempt to trace on the map the boundaries of the district as set forth in the order shows that the description given is wholly unintelligible, and that is the description which was adopted by the Board of Supervisors in its notice and order. Also, the county surveyor filed a certificate that the petition sets forth a full, true and correct description of the boundaries of the proposed district as shown on the map attached to and made a part of the petition and that said boundaries as described in said petition are fully and accurately delineated on said map.