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COUNTY OF FRESNO v. MALAGA CTY. WATER DIST.

No. F038163.

123 Cal.Rptr.2d 239 (2002)

100 Cal.App.4th 937

COUNTY OF FRESNO, Plaintiff and Respondent, v. MALAGA COUNTY WATER DISTRICT et al., Defendants and Appellants.

Court of Appeals of California, Fifth District.

July 31, 2002.

Attorney(s) appearing for the Case

Hargrove & Costanzo and Neal E. Costanzo, Fresno, for Defendants and Appellants.

Best, Best & Krieger and Clark Alsop, Riverside, for California Association of Local Agency Formation Commissions as Amicus Curiae on behalf of Defendants and Appellants.

Whitnie C. Henderson for Association of California Water Agencies as Amicus Curiae on behalf of Defendant and Appellant Malaga County Water District.

McMurchie, Weill, Lenahan, Lee, Slater & Pearse and David W. McMurchie, Sacramento, for California Special Districts Association as Amici Curiae on behalf of Defendant and Appellant Malaga County Water District.

Phillip S. Cronin, County Counsel, and J. Wesley Merritt, Chief Deputy County Counsel, for Plaintiff and Respondent.

OPINION

LEVY, J.

The issue presented by this appeal is whether a county water district is statutorily authorized to incorporate as a city. When the Malaga County Water District (Malaga) initiated incorporation proceedings, the County of Fresno (County) filed the underlying action to enjoin the process. The trial court issued an injunction on the ground that, as a matter of law, Malaga could not incorporate without special legislation.

Malaga contends...

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