California Court of Appeal

In a challenge to a surcharge imposed by defendant-district on electrical rates collected from customers in a service area outside defendant-district's boundaries and defendant-district's denial of plaintiff-city's application to annex the territory where defendant-district provides the electrical service, judgment in favor of defendant-district is affirmed, where: 1) an application for the annexation of territory must include a plan for providing services to the affected territory, and that plan must describe the services to be extended to the affected territory; and 2) because plaintiff-city's application, in the form presented, does not comply with the statute, and it appears that plaintiff-city will not be able to cure the noncompliance by providing the required plan, nothing useful could be accomplished by this court issuing a writ of mandate directing defendant-district to set aside its resolution requesting termination.

Appellate Information

• Decided 06/25/2014
• Published 06/25/2014

Judges

• SARKISIAN

Court

• California Court of Appeal

Counsel