Pajaro Valley Water Management Agency v. McGrath
Citation: 35 ELR 20089
No. No. H026441, (Cal. App. 6th Dist., 04/28/2005)
A California appellate court reversed a lower court's grant of summary judgment in favor of a local water agency in its action to recover water charges from a property owner because triable issues of fact exist concerning the amount owed. The lower court properly dismissed the property owner's defenses concerning the validity of the charge. Nevertheless, the agency failed to establish its damages as a matter beyond controversy and therefore failed to establish an entitlement to summary judgment.