Legal Opinion

Board of Supervisors v. Local Agency Formation Commission

California Supreme Court

Decided November 9, 1992No. S023805PublishedCited by 80 opinions

1Opinion of the Court

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 that the law is constitutional, both on its face and as applied to the incorporation at issue.

The case before us illustrates the tension between California’s financially beleaguered counties and the…

2Cases cited45 opinions

  1. City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
  2. Payne v. TennesseeSupreme Court of the United States · 1991
  3. Plyler v. DoeSupreme Court of the United States · 1982
  4. Patterson v. McLean Credit UnionSupreme Court of the United States · 1989
  5. Dunn v. BlumsteinSupreme Court of the United States · 1972

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3Cited by80 opinions

  1. People v. BirksCalifornia Supreme Court · 1998
  2. People v. LatimerCalifornia Supreme Court · 1993
  3. City of Herriman v. BellCourt of Appeals for the Tenth Circuit · 2010
  4. California Redevelopment Ass'n v. MatosantosCalifornia Supreme Court · 2011
  5. Johnson v. Department of JusticeCalifornia Supreme Court · 2015

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