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SAN RAFAEL ELEMENTARY v. BD. OF EDUC.

No. C030478.

87 Cal.Rptr.2d 67 (1999)

73 Cal.App.4th 1018

SAN RAFAEL ELEMENTARY SCHOOL DISTRICT, Plaintiff and Respondent, v. STATE BOARD OF EDUCATION, Defendant and Appellant; Lorene Russell et al., Real Parties in Interest and Appellants.

Court of Appeals of California, Third District,

Review Denied October 20, 1999.

Attorney(s) appearing for the Case

Michael E. Hersher and Edmundo R. Aguilar, for Defendant and Appellant.

Nielsen, Merksamer, Parrinello, Mueller & Naylor, Marguerite Mary Leoni, James R. Parrinello, Mill Valley; and Rupert P. Hansen, San Francisco, for Real Parties in Interest and Appellants.

McCutchen, Doyle, Brown & Enersen, William Bates III, Joshua A. Bloom, Mark K. deLangis, Natasha Sen, San Francisco; Bergman & Wedner and Richard V. Godino, Los Angeles, for Plaintiff and Respondent.

Atkinson, Andelson, Loya, Ruud & Romo, Paul M. Loya and Janice J. Hein, Pleasanton, for Education Legal Alliance of the California School Boards Association as Amicus Curiae on behalf of Plaintiff and Respondent.

Lozano Smith Smith Woliver & Behrens and Harold M. Freiman, Monterey, for Santa Clara County Office of Education, Santa Clara County Committee on School District Organization, Campbell Union High School District, Los Gatos Union School District, Los Gatos-Saratoga Joint Union High School District, Saratoga Union School District and Union School District as Amici Curiae on behalf of Plaintiff and Respondent.

BLEASE, Acting P. J.

This case concerns the scope of authority of the State Board of Education (the Board) to review a decision of a local county committee, the Marin County Committee on District Organization (the Committee), regarding the transfer of territory from one school district to another under Education Code sections 35710.5 and 35711.1

The Committee disapproved a transfer of territory in Marin County from the San Rafael...

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