People v. City of Lemoore

The purpose of the proceeding was to test the validity of an attempted annexation to the city of Lemoore of 308% acres of land designated as “the 1916 addition to the city of Lemoore.” A general demurrer to the complaint was overruled, and defendant declining to answer, judgment was rendered in accordance with the prayer of the complaint annulling such purported annexation. The question, therefore, is as to the sufficiency of the complaint to justify the decree.

It is not disputed that there are in force in California three separate statutes under which annexations of territory to municipalities may be made: Acts of 1889 (Stats. 1889, p. 358); of 1899 (Stats. 1899, p. 37); and of 1913 (Stats. 1913, p. 587).

The distinctive features of these acts, as far as germane to the present consideration and pointed out by respondents, are as follows:

In applying the law thus enunciated to the facts set out in the complaint these two inquiries are suggested by counsel:

1. Should the proposed annexation of the territory described in the complaint have been attempted as inhabited or uninhabited territory ? 2. If the territory can “fairly be said to be inhabited,” then should it have been…