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BIGHORN v. BERINGSON

No. E033515.

8 Cal.Rptr.3d 485 (2004)

BIGHORN-DESERT VIEW WATER AGENCY, Plaintiff, Cross-defendant and Respondent, v. Sharon BERINGSON, as Interim Registrar of Voters, etc., Defendant, Cross-defendant and Respondent; E.W. Kelley, Defendant, Cross-complainant and Appellant.

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

Review Granted April 28, 2004.

Attorney(s) appearing for the Case

Sweeney & Grant LLP, Eric Grant and James F. Sweeney, Sacramento, for Defendant, Cross-complainant and Appellant.

Lagerlof, Senecal, Bradley, Gosney & Kruse, LLP, Timothy J. Gosney and James D. Ciampa, Pasadena, for Plaintiff, Cross-defendant and Respondent.

McCormick, Kidman & Behrens and Janet Morningstar, Costa Mesa; Daniel S. Hentschke, Oceanside, for Association of California Water Agencies; Alisa Renee Fong for League of California Cities; and Ruth Sorensen, Alturas, for California State Association of Counties, as Amici Curiae on behalf of Plaintiff, Cross-defendant and Respondent.

No appearance for Defendant, Cross-defendant and Respondent.

OPINION

GAUT, J.

1. Introduction

A voter initiative cannot control the amount of the water rate, fees, and charges fixed by a public water agency. We affirm the judgment in favor of plaintiff and respondent, the Bighorn-Desert View Water Agency (Bighorn).

2. Factual and Procedural Background

In 1969, the Bighorn Mountains Water Agency Law1 established Bighorn as a special act agency....

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