Citizens Against Forced Annexation v. County of Santa Clara

Statement of the Case

Plaintiff, Citizens Against Forced Annexation (CAFA), is an unincorporated association composed of taxpayers, residents, landowners and/or registered voters in either the City of San Jose (San Jose) or territories within Santa Clara County. CAFA, and numerous individual plaintiffs, filed an action challenging the validity of more than 125 annexations (and proposed annexations) of territories to San Jose that were accomplished without elections, pursuant to section 35150, subdivision (f), of the Municipal Organization Act of 1977 (MORGA) (Gov. Code, § 35000 et seq.). Plaintiffs appeal from that part of a judgment in which the trial court dismissed certain individual plaintiffs and certain territories from the action.

Procedural History

On December 1, 1980, CAFA and 44 individual plaintiffs filed a complaint against San Jose, the Santa Clara County Board of Supervisors (Board), the Santa Clara County Local Agency Formation Commission (Commission), and the individual members of the Board, the Commission, and the San Jose City Council. Plaintiffs brought their action under section 35005 of MORGA, which incorporates the procedures found in sections…