Atwell Island Water District v. Atwell Island Water District
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This case stemmed from a dispute concerning which persons are the true members of the Atwell Island Water District. The Court of Appeal held that the trial court relied on improper extraneous documents when ruling on the motion to strike and thereby abused its discretion, but the court nevertheless affirmed the granting of the motion without leave to amend.
In this case, the election that appellant alleged took place on January 17, 2017 was void, because it was held the day after a state holiday, Martin Luther King, Jr. Day, and Milton Pace and Nathan Cameron were therefore not duly elected to the District board. Therefore, the court concluded that Leonard Herr's firm was not retained by a board majority as John Mitchell could not constitute a majority by himself, and Herr consequently was not authorized to prepare, sign, or file pleadings on the District's behalf. The court held that the pleadings were rightfully stricken, and leave to amend should not have been allowed because the pleadings were incurably defective.
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