Forest Lawn Co. v. City Council

This case is before the appellate courts for the second time. The ease involves the validity of the proceedings commenced by the city council to annex to the City of West Covina 114 acres of land contiguous thereto.

The appeal involves the interpretation of the opinion of the Supreme Court ( 60 Cal.2d 516 ) holding those proceedings invalid in certain particulars and the correctness of the action taken by the superior court in response to the remittitur.

The facts so far as pertinent to this appeal, as stated in the opinion of the Supreme Court are; “On December 29, 1960, the City Council . . . , by Resolution 1997, began proceedings ... to annex 114 acres of uninhabited land contiguous to the city’s boundaries. . . . Pursuant to Government Code section 35313 the city council held a hearing to determine protests to the proposed annexation. On February 14, 1961, the council adopted a second resolution (No. 2034) substantially the same as Resolution 1997, referring to the same land. On April 10, 1961, it held a protest hearing pursuant to Resolution 2034.

“The 114 acres of uninhabited territory to be annexed consisted of five separate parcels, four of which were residential lots…