Hazelton

This is an appeal from a judgment entered after demurrer to petition was sustained without leave to amend. In her original petition for writ of certiorari, petitioner, appellant herein, sued as a citizen and taxpayer, naming the city of San Diego and individual members of the city council as defendants. The petition was filed on December 26, 1958.

The petition alleges: The city of San Diego, a municipal corporation, has attempted to annex to the city a strip consisting of a "water corridor" in the middle of San Diego Bay, as uninhabited territory; this annexation was completed by filing the approving ordinance with the Secretary of State on September 15, 1954; the territory annexed is a strip six miles long and 600 feet wide, the entire surface of which is water area within the San Diego Bay. (Although the petition alleges the strip to be 600 feet wide, it is conceded in the briefs that the strip as annexed was actually 300 feet wide.) This annexation is hereinafter referred to as the "Tidelands Annexation."

Then as uninhabited territory, defendants annexed the Western Salt Company Tract, which annexation was completed on April 25, 1955. This annexation is contiguous to the…