McDowell & Craig v. City of Santa Fe Springs

SCHAUER, J. In this appeal from a judgment denying a writ of mandate and upholding the validity of an annexation of inhabited territory undertaken by respondent City of Santa Fe Springs, we have concluded that the trial court correctly resolved the issue of the time at which under pertinent statutes contiguity of the new territory to the city is to be determined, and that the judgment should be affirmed.

The undisputed facts are as follows:

On May 22, 1957, the city council of Santa Fe Springs passed a resolution approving the circulation of a petition for the annexation of the parcel of inhabited land here involved, under the provisions of the Annexation Act of 1913, hereinafter sometimes called the inhabited act (Gov. Code, §§ 35100-351581), and more particularly under section 35113. At that time the inhabited land was not contiguous to the city, but was contiguous to another parcel of land (uninhabited) which became contiguous to the city on September 6, 1957, when its annexation to the city was completed. The subject inhabited land thereupon likewise became contiguous to the city on September 6,1957.

Thereafter the petition was circulated, and on September 12, 1957, such petition for annexation of the subject parcel, containing a sufficient number of valid signatures, was received by the city council. (§§ 35115, 35116.) Thereupon a resolution was passed setting a date for a hearing upon protests against the annexation, as specified by section 35117. At such hearing the council found the protests submitted to be insufficient. (§§ 35120-35122.)

In December, 1957, certain owners of property in the parcel of land brought the present mandate proceedings challenging validity of the annexation proceedings. Thereafter, pursuant to stipulation of the parties, an election was held (§§ 35116, 35123 et seq.) on January 21, 1958, resulting in a vote (42 to 15) favorable to annexation. All petitioners except one voluntarily dismissed and the matter proceeded to trial as to the one remaining petitioner, Wetzel, appellant herein.

The sole ground advanced as requiring reversal of the judgment upholding validity of the annexation of the inhabited parcel is the undisputed fact that such parcel had not yet become contiguous to the city on the date (May 22, 1957) that [36]the council by resolution authorized circulation of the annexation petition. The city, on the other hand, contends that the inhabited act does not require that contiguity exist prior to filing with the council of the petition, with a sufficient number of valid signatures, under the provisions of section 35115, by which date (September 12, 1957) contiguity admittedly had been achieved here.