Strauss v. Board of Supervisors

I dissent.

The majority opinion draws no factual distinction between the “petition” cases and “protest” eases, such as the instant proceeding. Yet this factual distinction is the determining consideration in this controversy. A valid petition, when filed, is an integrated document containing the names of a sufficient number of qualified persons to confer jurisdiction on a designated public body to commence the proper proceedings. Thus a petition initiates jurisdiction. On the other hand, a protest is the act of a single person, filed at any time within a statutory protest period. In and of…