Brandenstein v. Hoke

Citations

• 101 Cal. 131
• 35 P. 562
• 1894 Cal. LEXIS 996

Syllabus

<p>Constitutional Law—Creation of Levee District—Unconstitutional Statute.—Section 21 of the act of March 25, 1868, providing for the creation of a levee district upon petition of persons in possession of more than one-half of the acres of any specified portion of the county, without vote of the people, without notice, and without opportunity for protest, no discretion being vested in the board of supervisors to reject the petition, or to change the proposed boundaries, is unconstitutional.</p> <p>Id.—Corporation De Facto—Collateral Attack.—A levee district formed under an unconstitutional act has no rights, and is not entitled to be protected against collateral attack as a corporation de facto.</p> <p>Id.—Validity of Bonds—Waiver—Estoppel—-Mandamus.—The board of reclamation fund commissioners of a levee district have not waived objection to the validity of the organization of the district under an unconstitutional act, and are not estopped from disputing the validity ' of its bonds, by retaining the benefit derived from the proceeds of their sale, and by the payment of interest upon them for several years; and a holder of bonds of such district which were issued and sold for the purpose of securing funds to carry on improvements in such levee district, is not entitled to a mandamus requiring the board of fund commissioners to levy a tax to pay the principal and interest of the bonds.</p>