Oral arguments will be heard Wednesday at 9 a.m. in the Division Six courtroom at 200 E. Santa Clara St. in Ventura in the appeal of the lawsuit by Golden State Water Company (GSWC) against Casitas Municipal Water District (CMWD) and Ojai Friends of Locally Owned Water (F.L.O.W.).
F.L.O.W. and CMWD prevailed in a Feb. 24, 2014 hearing in front of Ventura County Superior Court Judge Kent Kellegrew. GSWC filed an appeal Sept. 25, 2014.
In the suit, filed in March 2013, GSWC sought to dissolve a community facilities district — formed by CMWD and approved by 87 percent of Ojai voters in November 2013 — that would place a 30-year parcel tax on a majority of residential and commercial properties within the private water company’s existing Ojai service area.
GSWC attorneys argued that a community facilities district did not have the authority to use Mello-Roos funding to acquire property through eminent domain.
Kellegrew disagreed saying that while the government code does not expressly authorize the use of Mello-Roos funding for eminent domain proceedings, it also does not expressly preclude its use either.
The oral argument proceedings are open to the public.
© Ojai Valley News, 2015