People Ex Rel. Strong v. City of Whittier

This is an appeal from a judgment in quo warranto, declaring invalid an attempted annexation of certain territory in the City of Whittier, Los Angeles County.

There are three separate acts prescribing the procedure for the annexation of territory to an existing city. These acts are the same basically. The act of 1889 (Stats. 1889, p. 358) provides for annexation of inhabited territory upon petition of electors of an existing city. The act of 1899 (Stats. 1899, p. 37) provides for the annexation of uninhabited territory to an existing city. The act of 1913 (Stats. 1913, p. 587) provides for annexation of inhabited territory to an existing city upon petition of electors residing in territory proposed to be annexed. This latter act also provides in effect that two or more noncontiguous bodies of land cannot be annexed under a general election in the territory proposed to be added to the city. It was this latter act that was used in the instant proceeding. Throughout this opinion we shall designate the area proposed to be annexed as the “addition” and the City of Whittier as it existed territorially before this annexation proceeding as the “city”.

The complaint in this action…