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COUNTY OF IMPERIAL v. McDOUGAL

Docket No. L.A. 30681.

19 Cal.3d 505 (1977)

564 P.2d 14

138 Cal. Rptr. 472

COUNTY OF IMPERIAL, Plaintiff and Respondent, v. DONALD C. McDOUGAL, Defendant and Appellant.

Supreme Court of California.

May 25, 1977.

Attorney(s) appearing for the Case

COUNSEL

Donald C. McDougal, Jr., Gaylord L. Henry and Alex A. Harper for Defendant and Appellant.

Murry Luftig as Amicus Curiae on behalf of Defendant and Appellant.

James H. Harmon, County Counsel, for Plaintiff and Respondent.

Evelle J. Younger, Attorney General, R.H. Connett and E. Clement Shute, Jr., Assistant Attorneys General, and Richard C. Jacobs, Deputy Attorney General, as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

MOSK, J.

In 1967, Imperial County (county) issued to W. Erle Simpson a use permit to allow commercial sales of water from a well on Simpson's property, which was located in a residential subdivision. The permit contained a limitation that water could be sold for use only within the county. Simpson did not challenge the condition, and he sold only small quantities of water from the well for local use. In 1970, the tract in...

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