We find no abuse of discretion in the denial of the motion for continuance.
Appellant further contends that plaintiff was precluded from maintaining this action because of its failure to comply with sections 36 and 41 of the Orange County Water District Act.
Section 36 relates to the expenditures by the district in an amount in excess of $5,000, public notice and advertisement for bids, and section 41 provides that the board of directors shall have no power to incur any debt or liability in excess of the provisions of the act. However, these provisions do not prevent condemnation proceedings authorized by the act. There is an exception to the particular requirement stated in sections 36 and 41, where, as here, there would be no chance of real competitive bidding, and to require competitive bidding for the purchase, acquisition or condemnation of the property in question would work an incongruity. The requirements of a sinking basin or spreading ground are peculiar in nature and only particular parcels of real property with certain geological formations and locations are satisfactory to such use. The specifications must be drawn to fit a particular piece of property.
As is said Los Angeles Dredging Co. v. City of Long Beach:
The law is thus stated: it has been held that where competitive proposals work an incongruity and are unavailing as affecting the final result, or where they do not produce any advantage or it is practically impossible to obtain what is required and observe such forms, a statute requiring competitive bidding does not apply. Our courts have approved this doctrine.
Los Angeles Gas & Electric Corp. v. City of Los Angeles, in an action involving a contract for the purchase of electricity, the total value of which exceeded the statutory limitations requiring bidding, the court held that the contract was not a contract required to be let only after advertisement and to the lowest bidder.
Appellant next contends that the statutes do not authorize the taking of defendant's land and the district did not comply with the statutory requirement for condemnation. This argument is without merit. The Orange County Water District Act specifically provides for condemnation proceedings by the district to acquire spreading grounds to replenish the underground water basin within said district, and by resolution No. 326 the board of directors complied with the statutory requirements.