Enyeart v. Board of Supervisors

This mandamus proceeding presents the question of whether respondent Board of Supervisors of Orange County correctly determined that written protests against the proposed incorporation of a new city represented 51 percent of properly includible assessed valuation and so required termination of the incorporation proceeding as provided by section 34311 of the Government Code. We have concluded that although as held by the trial court protests by owners of oil and gas leases may be included, sufficient protests were not timely filed here to warrant the termination. Accordingly the trial court’s…