Meyers

Meyers v. Local Agency Formation Commission

Good Law
110 Cal. Rptr. 422·1973 Cal. App. LEXIS 862·34 Cal. App. 3d 955
Court of Appeal of CaliforniaOctober 29, 1973Civ. 1509California3,552 words

Opinion

Opinion

Brown, J.

The plaintiffs, Robert K. Meyers, Pearl Meyers, R. C. Thiebaud, Robert M. Riesner, Lois M. Riesner, R. Earl Ruddy, Jr., and Wilda Ruddy (hereinafter referred to as “appellants”), are residents of areas proposed to be annexed by the City of Visalia (hereinafter “City”) under the Annexation of Uninhabited Territory Act of 1939 (Gov. Code, §§ 35300-35326; hereinafter referred to as the “1939 Act”).

The appellants appeal from the denial of a petition for administrative mandamus, filed pursuant to Code of Civil Procedure section 1094.5, seeking to annul two resolutions of the Local Agency Formation Commission of the County of Tulare (hereinafter “LAFCO”) which approved two contiguous areas for annexation to the City. The appellants also sought, presumably pursuant to Code of Civil Procedure section 1085, and were denied a writ of mandate commanding the City to cease and desist from any further proceedings in connection with the annexation of the properties.

LAFCO has also appealed from the judgment of the trial court denying its costs.

The total area included within the two applications for annexation is a county “island” within the city limits. The City sought to annex…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.