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SOUTH SAN JOAQUIN IRR. v. SUPERIOR COURT

No. C056661.

76 Cal.Rptr.3d 104 (2008)

162 Cal.App.4th 146

SOUTH SAN JOAQUIN IRRIGATION DISTRICT, Petitioner, v. The SUPERIOR COURT of San Joaquin County, Respondent. San Joaquin Local Agency Formation Commission, Real Party In Interest, Pacific Gas & Electric Company, Intervener.

Court of Appeal of California, Third District.

April 22, 2008.

Attorney(s) appearing for the Case

Davis Wright Tremaine, Martin L. Fineman, Edward W. O'Neill, Salle E. Yoo, San Francisco, and Rochelle L. Wilcox, Los Angeles, for Petitioner.

No appearance for Respondent.

Neumiller & Beardslee, Michael F. McGrew and Daniel J. Schroeder, Stockton, for Real Party In Interest.

Manatt, Phelps & Phillips, Michael M. Berger, George M. Soneff and Benjamin G. Shatz, Los Angeles, for Intervener.

MORRISON, J.

South San Joaquin Irrigation District (the District) planned to increase the services it offered by adding retail electric service. It unsuccessfully sought approval for the plan from San Joaquin Local Agency Formation Commission (SJ LAFCO). The District now contends approval from SJ LAFCO is unnecessary because SJ LAFCO has no power to authorize new service by a special district in its existing territory. It further contends SJ LAFCO approval is not...

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