Greenwood Addition Homeowners Ass'n v. City of San Marino

Good Law
14 Cal. App. 4th 1360·18 Cal. Rptr. 2d 350·1993 Cal. App. LEXIS 381·93 Daily Journal DAR 4567·93 Cal. Daily Op. Serv. 2671
Court of Appeal of CaliforniaApril 12, 1993B069545California7,340 words

Opinion

Opinion

Fukuto, J.

When an application to annex unincorporated territory to a city has been filed with a local agency formation commission (LAFCO), is the city obligated to agree with the county to an exchange of property tax revenues? If the city does not so agree, must the LAFCO nonetheless proceed to hear and determine the annexation application? In this case the trial court answered both of these questions affirmatively, and granted a writ of mandate requiring defendants City of San Marino and Los Angeles County LAFCO (hereafter L.A. LAFCO) so to proceed. In so ruling, the court substituted its perception of public policy for manifest legislative restrictions, which command a negative answer to the two questions posed. The judgment accordingly must be reversed.

The Proceedings

Under the Cortese-Knox Local Government Reorganization Act of 1985 (Gov. Code, §§ 56000-57550, hereafter Cortese-Knox Act), the LAFCO for each county reviews and approves or disapproves proposed local government changes of organization, including annexations of territory. (§§ 56017, 56021, 56375). Annexation proceedings may be initiated by the annexing city’s resolution, or, depending on the locale, by petition…

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