APPEAL from a judgment of the Superior Court of San Mateo County. Murray Draper, Judge.
Peters, P. J. Bray, J., and Wood (Fred B.), J., concurred.
San Bruno purportedly annexed an area known as Lomita Park Territory. Two proceedings were instituted in the trial court to test the validity of that annexation. One was a petition for a writ of review to test the validity of the resolution of the city council of San Bruno ordering a special election relative to annexing Lomita Park, an inhabited area, and to review the legality of San Bruno's ordinance approving the annexation. The second action was in quo warranto to test the validity of the annexation. Both proceedings present the same legal issues. They were consolidated in the court below, and the parties stipulated that the final judgment in the quo warranto proceeding should be deemed to be the final judgment in the review proceeding. From a judgment validating the annexation this appeal is taken.
The basic facts are not in dispute and are set forth in a stipulation of the parties. The following diagram, roughly adapted from the map attached to the stipulation, will serve to explain the controversy:
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Prior to November, 1949, all of Lomita Park, including areas "A" and "B," was unincorporated. On November 7, 1949, Millbrae, on petition of the Millbrae Elementary School District, started proceedings to annex area "B," which was uninhabited and owned by the school district. This area "B" contains approximately two acres and consists of a square city block. November 9, 1949, Millbrae filed the resolution in the form of a petition to the board of supervisors for annexation of the area. The board approved the resolution, and ordered a hearing on December 6, 1949. Such hearing was held, notice was published, and on January 17,
1950, the board of supervisors adopted its resolution approving the annexation of area "B" to Millbrae.
In the meantime San Bruno had been active. On November 17, 1949 (the same day the board approved the petition of Millbrae to annex area "B"), in apparent ignorance of the Millbrae annexation, notice of intention to circulate a petition for annexation to San Bruno of all of Lomita Park (areas "A" and "B") was published pursuant to the provisions of the Annexation Act of 1913. (Gov. Code, §§ 35100-35158.) On January 25, 1951, the city council of San Bruno adopted a resolution indicating an intention to call a special election of the residents of Lomita Park to vote on the proposed annexation. A petition had been received by the council signed by at least one-quarter of the qualified resident electors of Lomita Park requesting that such annexation election be held. On February 23, 1950, the city council of San Bruno adopted a resolution calling for an annexation referendum. The election was held in Lomita Park on April 25, 1950, on the question "Shall the unincorporated territory of Lomita Park be annexed to the City of San Bruno?" The canvass of votes was delayed because of certain legal proceedings until November 8, 1950, when it was determined that the annexation had been approved by a vote of 281 to 234.
Millbrae reacted to the San Bruno election by filing an action to review the San Bruno proceedings and to postpone the canvass of the San Bruno election. On November 8, 1950, a judgment was entered in that action which established the boundaries of Millbrae as including the school district area marked "B." That decision is final and is not challenged on this appeal. Thereafter, the canvass of votes in San Bruno was had as above mentioned.
Subsequently, San Bruno by ordinance declared the results of the election and approved the annexation. The ordinance carefully excluded from such approval area "B," which it recognized as already part of Millbrae.
The present actions were instituted against San Bruno and the members of its city council by certain taxpayers and electors who live in the inhabited portion of Lomita Park (area "A") and who are opposed to that area being incorporated into San Bruno.
On these basic facts the trial court ruled that the annexation of area "A" to San Bruno was valid. This ...