Southcott
Southcott v. Julian-Cuyamaca Fire Prot. Dist.
Opinion
Lead Opinion
Nares, J.
*1024 Pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Reorganization Act; Gov. Code, § 56000 et seq. ), the board of directors of the Julian-Cuyamaca Fire Protection District (District) passed a resolution to apply to the San Diego Local Agency Formation Commission (Commission) to dissolve the District. A group of Julian residents (plaintiffs) sought to prevent the District's dissolution by presenting a referendum petition to the District board (see Elec. Code, §§ 9144, 9340 ). The District did not act on the referendum petition, and the trial court denied plaintiffs' petition for writ of mandate to set an election on the District's resolution.
The issue presented in this appeal is whether the District's resolution to apply to the Commission for a dissolution may be challenged through the voter referendum process. We conclude the District's resolution is not subject to referendum because, among other reasons, the Reorganization Act prescribes the exclusive method for dissolving, and/or protesting the proposed dissolution of, a fire protection district ( Health & Saf. Code, § 13812 ; Gov. Code, §§ 56100, 56021 ) and the resolution was…