Bookout

The Local Agency Formation Commission of Tulare County (hereinafter “LAFCO”) and the City of Visalia (hereinafter “City”) appeal from a judgment granting a writ of mandate which enjoined the City to desist from further proceedings to annex certain uninhabited territory to the City and commanded LAFCO to annul a resolution approving the annexation until “. . . [Edwin N. Bookout] and all affected landowners, at a minimum, [are notified] by registered or certified mail, or if said letter should be returned, by posting the affected property, of any further proceedings affecting his said property which may be brought before [LAFCO].”

Edwin N. Bookout (hereinafter “respondent”) is one of several assessed owners within the 166.3 acres sought to be annexed to the City pursuant to the “Annexation of Uninhabited Territory Act of 1939” (Gov. Code, §§ 35300-35326).

Since section 35002 requires approval of LAFCO before the proceedings to annex territory can be initiated by a city, the City, pursuant to section 54791, filed with LAFCO the necessary application. In due course LAFCO, pursuant to sections 54793 and 6061, published notice of the date, time and place of the hearing before…