CAPISTRANO TAXPAYERS ASSN., INC. v. CITY OF SAN JUAN CAPISTRANO

No. G048969.

235 Cal.App.4th 1493 (2015)

186 Cal.Rptr.3d 362

CAPISTRANO TAXPAYERS ASSOCIATION, INC., Plaintiff and Respondent, v. CITY OF SAN JUAN CAPISTRANO, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

April 20, 2015.


Attorney(s) appearing for the Case

Colantuono & Levin, Colantuono, Highsmith & Whatley, Michael G. Colantuono , Tiana J. Murillo , Jon di Cristina ; Rutan & Tucker, Hans Van Ligten and Joel Kuperberg for Defendant and Appellant.

Best, Best & Krieger and Kelly J. Salt for the Association of California Water Agencies, League of California Cities and California State Association of Counties as Amici Curiae on behalf of Defendant and Appellant.

Mills Legal Clinic at Stanford Law School, Environmental Law Clinic and Deborah A. Sivas for Natural Resources Defense Council and Planning and Conservation League as Amici Curiae on behalf of Defendant and Appellant.

AlvaradoSmith, Benjamin T. Benumof and William M. Hensley for Plaintiff and Respondent.

Trevor A. Grimm , Jonathan M. Coupal , Timothy A. Bittle and Ryan Cogdill for Howard Jarvis Taxpayers Foundation as Amicus Curiae on behalf of Plaintiff and Respondent.

Foley & Mansfield and Louis C. Klein for Mesa Water District as Amicus Curiae on behalf of Plaintiff and Respondent.


OPINION

I. INTRODUCTION

Southern California is a "semi-desert with a desert heart."1 Visionary engineers and scientists have done a remarkable job of making our home habitable, and too many of us south of the Tehachapis never give a thought to

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