Swanson v. Marin Municipal Water District

56 Cal. App. 3d 512, 128 Cal. Rptr. 485 (1976)

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Swanson v. Marin Municipal Water District

California Court of Appeal
56 Cal. App. 3d 512, 128 Cal. Rptr. 485 (1976)

Facts

The Marin Municipal Water District (district) adopted a resolution finding that water consumption was outpacing water capacity in the district and declared a water shortage emergency. The district amended its rules to prohibit water service to new customers. Swanson (plaintiff) had obtained approval of plans and a building permit to build a home. Swanson applied for a pipeline extension to bring water to the new home. The district denied the application pursuant to the moratorium. Swanson sued for a writ of mandate compelling the district to provide water service to Swanson’s real property. The district court granted Swanson a writ of mandate compelling the district to grant Swanson a pipeline extension and to provide water service for his real property. The district appealed from a judgment granting Swanson a peremptory writ of mandate.

Rule of Law

Issue

Holding and Reasoning (Rouse, J.)

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