Schmid v. City of Stanton

MUSSELL, J. In these proceedings petitioners sought and obtained a writ of mandate restraining the city of Stanton from taking any further action in connection with annexation to said city.

On August 8, 1956, proceedings were initiated to annex certain property to the city of Stanton. These proceedings were known as the “South Annexation” and September 24, 1956, was set as the time for hearing protests. However, on August 31, 1956, at a special meeting, the city council, by [685]resolution, terminated the proceedings on said “South Annexation.” Several protests had been prepared for filing but after notice of such termination from the city clerk to the protestants, they were delivered to protestants’ attorney and were not filed with the city clerk. In this connection the city clerk’s minutes of September 24, 1956, the date set for the hearing, show that no protests were received. These protests covered between 60 and 75 per cent of the assessed valuation of the property sought to be annexed.

On October 29, 1956, the city council adopted resolution Number 28, declaring that proceedings had been initiated by the city council of said city to annex to said city certain uninhabited territory described therein and designated as “Stanton Avenue Annexation No. 2,” giving notice of the proposed annexation and of the time and place for hearing protests. December 17, 1956, was fixed as the time for hearing protests, which were received and were referred to the city engineer for examination and report. On January 7, 1957, the date to which the hearing was continued, the protests were found to represent less than 50 per cent of the assessed valuation of the property in the proposed annexation and the territory sought to be annexed was determined to be uninhabited. On January 14, 1957, an ordinance by the city council approving “Stanton Avenue Annexation No. 2” was passed for second reading and on January 18, 1957, an alternative writ of mandate was issued by the superior court staying further proceedings.

On February 14, 1957, the following minute order was entered:

“71105 Schmid vs. City of Stanton

“Court finds: 1. that there were eleven (11) registered voters residing within the proposed annexed territory at the time of the institution of proceedings on motion of city council. 2. that fraud was perpetrated in the matter of the establishment of the boundaries of Stanton Avenue annexation #2 and that these proceedings are a subterfuge to force property enclosed therein into the City of Stanton. City of Stanton permanently restrained from taking any further action in connection with proposed annexation proceedings.”