(Download) "Curtis V. Board Of Supervisors Of Los Angeles County" by Supreme Court Of California " eBook PDF Kindle ePub Free
eBook details
- Title: Curtis V. Board Of Supervisors Of Los Angeles County
- Author : Supreme Court Of California
- Release Date : January 19, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 92 KB
Description
When persons owning a majority of assessed valuation of land within the proposed City of Rancho Palos Verdes filed a written protest, the Los Angeles County Board of Supervisors, pursuant to Government Code section 34311, refused to call an incorporation election. The crux of petitioners' plea to us is that section 34311 violates the Constitution; upon this basis they seek mandate to compel the board to resume incorporation proceedings. We have concluded that the section is, indeed, unconstitutional under the equal protection clause of the Fourteenth Amendment to the United States Constitution and the correlative provisions of the California Constitution. (Cal. Const., art. I, §§ 11, 21; see Serrano v. Priest (1971) 5 Cal. 3d 584, 596, fn. 11 [96 Cal. Rptr. 601, 487 P.2d 1241, 41 A.L.R.3d 1187].) Section 34311 grants owners of large tracts of land the power to veto the formation of a new city, to the disadvantage of both residents who own no land and those whose holdings consist of small improved parcels; this classification does not rest upon a compelling state interest and is not necessary to further any such interest.