Can a City avoid judicial review of its incursion into County territory?

Despite our conclusion that judicial review under section 10104 does not apply in this case, we do not believe the City may completely avoid judicial review of its incursion into county territory. Certainly, section 10105 does not expressly excuse a judicial determination as it does a municipal corporation's agreement. Further, allowing the City absolute discretion in this case ignores the rights of the residents of unincorporated areas. Such a rule would provide the City with unfettered power to construct utility lines outside its territorial limits despite objection. If there is a dispute over whether a proposed portion of the route is necessary or convenient, the courts are uniquely equipped to review the issue. "In general, judicial authority is exercised for the purpose of determining the rights or liabilities of parties according to law, with respect to transactions already had between them . . . . With some exceptions the judicial function is to find facts and apply rules of law thereto for the purpose of settling a dispute or contest between parties concerning their rights." (Los Angeles v. City of South Gate (1930) 108 Cal.App. 398, 401.) Having reached this conclusion, we must consider the standard of review a trial court is to employ.