Heller

This is an appeal from a judgment wherein a writ of mandate was issued against the appellants, commanding in effect that the proceedings of appellants having to do with annexation of petitioners’ property to the city of Seal Beach be terminated.

On January 6, 1956, the city council of the city of Seal Beach, sometimes hereinafter referred to as “appellants,” passed a resolution numbered 915 proposing the annexation, under the Annexation of Uninhabited Territory Act of 1939 (Gov. Code, §§ 35300-35326), to the city of Seal Beach, of certain property adjoining the then existing boundaries of the city. Property owned by the petitioners, hereinafter referred to as “respondents,” and property owned by the United States of America, known as “United States Naval Ammunition and Net Depot,” constituted the greater part of the property proposed to be annexed. There were, however, some smaller parcels owned by Hancock Oil Company, the Southern California Edison Company and Ernest A. Bryant and others described in the resolution above referred to. The latter two were nonprotesting owners.

On January 17, 1956, the city council adopted resolution numbered 915 which described by metes and…