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BOARD OF SUPERVISORS v. LOCAL AGENCY FORMATION COM.

Docket No. S023805.

3 Cal.4th 903 (1992)

838 P.2d 1198

13 Cal. Rptr.2d 245

BOARD OF SUPERVISORS OF SACRAMENTO COUNTY et al., Plaintiffs and Appellants, v. LOCAL AGENCY FORMATION COMMISSION OF SACRAMENTO COUNTY, Defendant and Appellant; CITRUS HEIGHTS INCORPORATION PROJECT, Real Party in Interest and Appellant.

Supreme Court of California.

November 9, 1992.

Attorney(s) appearing for the Case

COUNSEL

Brenton A. Bleier, Peter Mixon, Remy & Thomas, Tina A. Thomas, James G. Moose and Whitman Manley for Plaintiffs and Appellants.

Dwight L. Herr, County Counsel (Santa Cruz), Deborah Steen and Jane M. Scott, Assistant County Counsel, and Victor J. Westman, County Counsel (Contra Costa), as Amici Curiae on behalf of Plaintiffs and Appellants.

Hyde & Miller, Hyde, Miller & Owen, Hyde, Miller & Savage, Nancy C. Miller, Kirk E. Trost, Matina R. Kolokotronis, Christiane E. Layton and Paul Chrisman for Defendant and Appellant.

Downey, Brand, Seymour & Rohwer and Patrick J. Borchers for Real Party in Interest and Appellant.

Rourke & Woodruff, Rourke, Woodruff & Spradlin, Daniel K. Spradlin, Lois E. Jeffrey, Robert W. Lucas, Kronick, Moskovitz, Tiedemann & Girard and Anthony B. Manzanetti as Amici Curiae on behalf of Defendant and Appellant and Real Party in Interest and Appellant.

OPINION

MOSK, J.

Residents of an unincorporated area of Sacramento County seek to incorporate into a city. Government Code section 57103 provides that only the voters residing in the territory to be incorporated may vote to confirm the incorporation. The Court of Appeal found this law unconstitutional as applied, holding that it violates the guaranty of equal protection of the laws. We conclude...

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