People v. City of South Gate

Good Law
118 Cal. App. 428·1931 Cal. App. LEXIS 206·5 P.2d 482
Court of Appeal of CaliforniaNovember 20, 1931Docket No. 6835.California308 words

Opinion

Lead Opinion

York, J.

This is an appeal by the plaintiff from a judgment denying plaintiff’s application for a writ of quo warranto, and declaring the territory described in plaintiff’s complaint legally annexed to the City of South Gate.

The proceedings had were regular upon their face. It appears from the evidence and from the plat introduced that, if there was anything that separated any part of this territory annexed, which was inhabited, from any other part of the annexed territory or from the city itself, it was merely a right of way for the Los Angeles Flood Control, a watercourse, a line of railway, or a public highway. There is no contention, however, that the river beds, the right of way for the flood control, the public highway, or the line of railway was a separate parcel, but it affirmatively appears that such highway, such line of railway, such right of way for flood control purposes and the highway, in each instance, merely traversed the district annexed, and that not one of the rights of way was within itself a separate or an integral parcel of land, and that not one of such rights of way was merely a connecting strip or link to connect widely separated parcels of inhabited lands. That…

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