City of Selma v. Fresno Cnty. Local etc.
Annotate this CaseSelma filed a writ of mandate challenging LAFCo’s approval of an annexation. At issue is when a local agency formation commission sets a public hearing on a reorganization proposal and thereafter continues the hearing date beyond the 70-day limitation for continuances under Government Code section 56666, subdivision (a), is the approval of the reorganization proposal by the commission void because it violated a mandatory provision? The court concluded that the 70-day limitation is a directory rather than a mandatory provision. Therefore, the court held that the violation of the 70-day limitation in this case did not affect the validity of the commission’s actions taken at the continued hearing. The court affirmed the judgment.
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