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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115449
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I reside in the Ca Services District of McCloud close to Mt.

Customer Question

I reside in the Ca Services District of McCloud close to Mt. Shasta. The services district signed a contract in August to deliver our pristine, spring water to a water bottler who is outside of the district boundary. In the resolution of McCloud organization papers filed in June, 1965 with the county and the state, it states the district is formed " to supply the inhabitants of the district with water for domestic use, irrigation, sanitation, industrial use, fire protection, and recreation." So, therefore, I would like to sue the district because it is outside their authorities to supply anyone outside the district. Also it states in another resolution, "Property must be annexed to the District prior to receiving water...."/ Also, the Articles of Formation state that McCloud may not be involved in economic development. They just came out with a new mission statement that states they are to do economic development. Have I a case here? Is the statute of limitations over>
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If they are acting contrary to their powers and never filed to amend their powers to include the rights to sell the water off, you could sue for them acting "ultra vires" and contrary to law. You would have to file for a declaratory judgment against them and seek a order to stop selling water and also for damages for them to share any proceeds of the sales with ALL of the water customers in the district (meaning you would not get a ton of money out of the suit as anything you get would have to be shared with other residents even though you brought the suit).
But, yes, if they are asking outside of the scope of their legal powers, your right is to sue by filing a petition for declaratory judgment and an injunction to stop them from continuing to do so.