Oxnard Harbor District v. Local Agency Formation Commission

Here we hold that the protest provisions of Government Code section 57075, subdivision (a)(3), allowing detachment of a large segment of the Oxnard Harbor District without voter confirmation by the registered voters within the affected territory, do not violate appellants’ constitutional rights either facially or as applied.

Oxnard Harbor District (District), Stanley J. Daily and Edward J. Millan appeal from a trial court judgment denying their petition for writ of mandate. They sought to have the superior court overturn the action of respondents which resulted in the detachment of a substantial portion of the area encompassed within the boundaries of the District. In a prior proceeding involving this same matter before the local agency formation commission (LAFCO), this court affirmed the trial court’s writ of mandate that LAFCO rescind its original resolution because it failed to exercise its discretion in deciding whether to recommend an election as a condition of its recommendation to the conducting authority. (Oxnard Harbor Dist. v. Local Agency Formation Com. (Aug. 7, 1991) B052235 [nonpub. opn.].) LAFCO rescinded its original resolution and adopted a new…