California Court of Appeal

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Water Replenishment District v. City of Cerritos, B242080

The trial court erred in denying plaintiff-water district's application for a preliminary injunction because Water Code section 60339 authorizes the trial court to grant an injunction against an operator of a water-producing facility from producing groundwater if it is delinquent in the payment of an assessment, and under the doctrine of "pay first, litigate later," defendant-city must pay the assessment until there is a final judgment in its separate Proposition 218 Lawsuit, which is litigating the validity of the assessment.

Appellate Information

  • Decided 10/30/2013
  • Published 10/30/2013

Judges

  • MALLANO

Court

  • California Court of Appeal

Counsel