Ferrini

Ferrini v. City of San Luis Obispo

Good Law
150 Cal. App. 3d 239·197 Cal. Rptr. 694
Court of Appeal of CaliforniaDecember 28, 198368053California3,572 words

Opinion

Opinion

Stuart & Shaw and A.J. Shaw, Jr., for Intervener and Appellant.

Ogle, Gallo & Merzon and Charles E. Ogle for Plaintiffs and Respondents.

OPINION

GILBERT, J.

(1a) Here we conclude that the Municipal Organization Act of 1977, Government Code sections 35000 to 35500 (MORGA), [1] embodies the exclusive procedure for annexation of territory to a city, and precludes an election by the city voters in uninhabited annexations.

Felton Ferrini and Marlene Frazier (hereinafter together Ferrini) owned 199 acres of uninhabited land contiguous to the City of San Luis Obispo (City). In early 1978 Ferrini filed a petition with the Local Agency Formation Commission (LAFCO), County of San Luis Obispo, for the annexation of this land to the City. The Ferrini annexation complied with the provisions of MORGA which became effective January 1, 1978.

On April 20, 1978, LAFCO by resolution approved the Ferrini annexation, subject to certain terms and conditions. Among other things LAFCO required a boundary revision, a revised map, an open space easement, and prezoning of the territory and authorized the City to complete the annexation without further notice, hearing or election.

The City complied…

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