Community Water Coalition v. Santa Cruz etc. Commission
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Filed 12/9/11 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT COMMUNITY WATER COALITION, Plaintiff and Appellant, v. SANTA CRUZ COUNTY LOCAL AGENCY FORMATION COMMISSION, H036616 (Santa Cruz County Super. Ct. No. CV167407) ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING Defendant and Respondent; CITY OF SANTA CRUZ et al., Real Parties in Interest and Respondents. BY THE COURT: It is ordered that the opinion filed herein on November 18, 2011, be modified in the following particulars: On page 1, first paragraph, third sentence, replace Even though City was a party to the agreement for which UCSC sought LAFCO approval, and even though City had submitted a letter to LAFCO stating that it was willing to provide the services if LAFCO approved . . . . with Even though City was a party to the agreement for which UCSC sought LAFCO approval, and even though LAFCO procedures required City to submit a letter stating that it was willing to provide the services if LAFCO approved . . . . On page 2, first full paragraph, third sentence, replace The fact that the prospective recipient of the services filed the application does not prevent the LAFCO from ruling upon the request so long as the city or district that will provide the services is a party to the agreement for which LAFCO approval is sought and joins . . . . with The fact that the prospective recipient of the services filed the application does not prevent the LAFCO from ruling upon the request so long as the city or district that will provide the services is a party to the agreement for which LAFCO approval is sought and is required to join . . . . There is no change in judgment. The petition for rehearing is denied. Dated: __________________________ Premo, Acting P.J. Duffy, J. Walsh, J. Retired Associate Justice of the Court of Appeal, Sixth Appellate District, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. Judge of the Santa Clara County Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.
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