State Supreme Court To Decide Water District's Zoning Exemption
- Jul 1, 2002
- 1 min read
The state Supreme Court will hear a case involving a county's ability to regulate a water district's construction of a water treatment plant.
Earlier this year, the Sixth District Court of Appeal ruled that a Government Code exemption to local zoning for "facilities for the production, generation, storage or transmission of water" did not extend to a water treatment plant. The court held that if the Legislature wanted to exempt water treatment plants from local zoning, it could have specified them in the statute (see
, April 2002).
The ruling came in a case in which a homeowners association sought to prevent the Soquel Creek Water District from building a water treatment plant in a residential subdivision.
The ruling drew the attention of special districts, cities and counties around the state. All seven state Supreme Court justices voted to hear the case. A date for oral arguments has not been set yet.
The case is
, No. S104952.
