Beck

This appeal is taken from a judgment by the Superior Court of San Mateo County entered after the sustaining of a general demurrer to appellants’ fourth cause of action without leave to amend and the granting of motions for summary judgment on appellants’ first, second and ninth causes of action. The superior court action was brought pursuant to Code of Civil Procedure section 860 et seq., and Government Code section 35005 to challenge the validity of the annexation without election of a part of San Mateo County known as the “Watkins/El Camino” area to the City of Menlo Park. The annexation was conducted pursuant to the Municipal Reorganization Act of 1977. (Gov. Code, § 35000 et seq., known as MORGA.) Appellants are residents and owners of land in the area.

The statutory scheme contained in MORGA provides that changes of organization or municipal reorganization are to be initiated by proposal by the local governmental legislative body, the county board of supervisors or, as here, the city council. The proposal is submitted to the local agency formation commission (LAFCO) which conducts preliminary proceedings and, after notice and hearing, approves or disapproves the…