I respectfully dissent.
Having concluded that certain provisions in the competing statutes cannot be harmonized, I view the later expression of legislative intent contained in Government Code section 35000 et seq. as controlling.
Like the trial judge, I attach great significance to the fact that Government Code section 35130 specifically addresses the signature requirement for an incorporation petition, while the D.R.A. (Gov. Code, § 56000 et seq.) which provides a 5 percent sign-up for each of the other procedures it addresses, has no such specific requirement respecting incorporation.
I also regard LAFCO’s conclusion, pursuant to Government Code section 35264, that the two-year waiting period, being “detrimental to the public interest,” was waived, as wholly unsupported by factual findings required of the Agency (Gov. Code, § 35264).
For these reasons I would affirm the superior court’s order.
Respondents’ petition for a hearing by the Supreme Court was denied June 15, 1983.