LAFCo’s approval of annexation of an island to an incorporated area is upheld, finding that Proposition 218 does not apply to annexations and therefore such annexation is not conditioned on the approval of the voters.
Court Decisions
Court of Appeals
-
Annexations
-
Annexations
LAFCo's approval of annexation of territory to an open space district is upheld notwithstanding an incomplete notice of protest hearing and the protest counting methods. First District: 2008 SOS 744. 31 January 2008
-
Deposing Commissioners
The deliberative process privilege prohibits taking depositions of LAFCo commissioners. Third District: 2008 SOS 2328. 22 April 2008
-
Executive Officer as Independent Contractor
A LAFCo can contract "executive officer services" to an individual as an independent contractor and conducting a closed-door evaluation of the contractor does not violate the Brown Act. The courts determined that the individual was the LAFCo Executive Officer. Third District. 25 March 2009.
-
Latent Power Activation
A special district cannot provide a "new or different service" without LAFCo's approval. Third District: 2008 SOS 2324. 22 April 2008
-
Legislature's Watchdog
"LAFCos were created by the Legislature for a special purpose: to discourage urban sprawl and to encourage the orderly formation and development of local governmental agencies; such a commission is the "watchdog" the Legislature established to guard against the wasteful duplication of services that results from indiscriminate formation of new local agencies or haphazard annexation of territory to existing local agencies." Fifth District: 274 Cal.App.2d 545. 1 July 1969
-
Principal County
The principal county had jurisdiction to establish the sphere of influence and conduct service reviews for a multicounty district within the boundaries of the affected LAFCos county. Third District: 13 January 2006
-
School Districts
LAFCo intervention in a in a school impact fee lawsuit was beyond its powers. First District: 86 Cal.App.3d 873. 1 December 1978
United States Court of Appeals
-
Annexations
A civil rights organization sued Modesto, Stanislaus County and the County Sheriff for violations of the federal Fair Housing Act and other civil rights laws for entering into a tax-sharing agreement to facilitate annexations which excluded several Latino-dominated islands which were developed without substantial public infrastructure in the 1940s and 50s and which received allegedly inferior municipal services as a result. The trial court had found insufficient evidence of discrimination and dismissed the suit. 2009 DAR 14628 (9th Cir. Filed 10/8/09)
California Supreme Court
-
Assessment Financing
The California Supreme Court decided its first substantive case under the assessment provisions of Proposition 218, “The Taxpayers Right to Vote Act.” It struck down an open-space assessment on the ground it did not demonstrate special benefit to the assessed property either as required by Proposition 218 or Proposition 13 and because the amounts assessed were not proportional to the special benefits conferred. The unanimous decision sets out a new, more demanding standard of judicial review of local government assessment decisions and has significant implications for assessment financing in California. Supreme Court: S136468. 14 July 2008
Superior Court
-
Consolidations
LAFCo's determination to process a consolidation of a municipal water district and a water conservation district under C-K-H provisions upheld. Ventura Superior Court: 56-2007-00305563. 8 May 2008.
-
Incompatibility of Office
No incompatibility of office exists with a county planning director also serving as a LAFCo executive officer. Sierra Superior Court: 6728. 18 April 2008.
-
Incorporation and CEQA
An incorporation application is not a project under CEQA and an EIR is not required. Monterey Superior Court: M83394. 2 May 2008.
-
Independent Contractor
An independent contractor may serve as an executive officer of a LAFCo. Yuba Superior Court: CVPT 06-0000487. 3 December 2007.