Western Municipal Water Dist. v. Atomic Investments
The Western Municipal Water District (Water District) condemned a permanent easement to real property, located on Jefferson Street in Riverside, for the purpose of constructing a portion of an underground pipeline connecting to a canal pump station. The property owner, Atomic Investments, Inc. (Atomic), disputes the existence of a public interest and necessity to acquire the easement.
On appeal, Atomic contends the trial court erred when it failed to dismiss the case after finding the Water District had possibly violated the Ralph M. Brown Act (Gov. Code, 54950 et seq.) by meeting without notice to Atomic. As additional grounds for dismissal, Atomic complains it did not receive access to pubic records concerning the project in violation of the California Public Records Act. (Gov. Code, 6250 et seq.)
Atomic contends the appellate court should conduct an independent review and reverse the judgment. (City of Saratoga v. Hinz (2004) 115 Cal.App.4th 1202, 1212.) The Water District maintains the proper standard of review is substantial evidence. (San Bernardino County Flood Control Dist. v. Grabowski (1988) 205 Cal.App.3d 885, 898.) Under either standard of review, Court affirm.
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