CROS/CPR FILE A PETITION FOR REVIEW TO STATE SUPREME COURT
On March 11, 2008 Californians for Property Rights and Citizens for Responsible Open Space appealed to the California Supreme Court for its review of the Court of Appeal’s Decision in CROS/CPR v. LAFCo/MROSD.
A copy of the Decision and the above-mentioned Petition for Review are available as a pdf file here.
Four issues are cited in the petition for review: failure of LAFCO to comply with statutory public notice, failure to include reasons for a proposed annexation, failure to accurately describe and depict the annexation area, and requiring a residence address on the filed written protests rather than the address appearing on his or her affidavit of voter registration.
The issues presented are of statewide concern. California law is replete with statutory notice provisions, such that every citizen of the state is affected by the First Appellate District’s decision in this case. Because the appellate court has essentially ruled that statutory notice requirements do not have to be followed, there is conflict with other appellate decisions. Accordingly, CROS/CPR respectfully requests that this Supreme Court grant review to settle inconsistencies in the case law and to declare which standard agencies must meet when giving public notice pursuant to statute.
Note that the protest by CROS/CPR in April-June 2004 was merely seeking a vote of the people in the annexation area, and because of flawed public notice issues, CROS/CPR has been seeking an invalidation of the annexation. This protest is the largest in the history of California and the first protest in the history of San Mateo County.