Paland v. Brooktrails Township Community Services Dist. Bd. of Directors

Full title: DAVID PALAND, Plaintiff and Appellant, v. BROOKTRAILS TOWNSHIP COMMUNITY…

Court: California Court of Appeals, First District, Fifth Division

Date published: Aug 27, 2009

No. A122630 (Cal. Ct. App. Aug. 27, 2009)

Opinion

Page 1501b

176 Cal.App.4th 1501b __ Cal.Rptr.3d__ DAVID PALAND, Plaintiff and Appellant, v. BROOKTRAILS TOWNSHIP COMMUNITY SERVICES DISTRICT BOARD OF DIRECTORS, Defendant and Respondent. A122630 California Court of Appeal, First District, Fifth Division August 27, 2009

Mendocino County Super. Ct. No. SCUK CVG 07 99168

THE COURT:

The opinion filed on July 31, 2009, (176 Cal.App.4th 158; ___ Cal.Rptr.3d ___ ) is modified as follows:

On page 8, footnote 12 [176 Cal.App.4th 166, advance report, fn. 12], delete the last sentence: "Paland does not argue that a service, such as the sewer service, ceases to be 'immediately available' when a property owner simply stops using it."

This modification does not change the judgment.

Appellant’s petition for rehearing is denied.