Rogers v. Board of Directors of Pasadena

This is a petition for a writ of mandate. On June 7, 1932, a petition was filed with respondent Board of Directors of the City of Pasadena, under the Annexation Act of 1913 (Stats. 1913, p. 587; Deering’s Gen. Laws, 1931, Act 5159), signed by a sufficient number of qualified electors in a certain described territory, which proposed that the said territory be annexed to the city. On August 2, 1932, and on September 20, 1932, by two other instruments, all of the qualified electors who had signed the petition for annexation requested that their names be withdrawn and the petition be denied. Thereafter respondents refused to proceed to call an election and submit the question of annexation to the electors of the said territory, as required by the statute.

On August 22, 1932, a petition by the requisite number of qualified electors within said territory was presented to the board of supervisors of Los Angeles County, seeking incorporation of the territory and additional land as a city of the sixth class, under the provisions of the Municipal Incorporation Act of 1883 (Deering’s Gen. Laws, 1931, Act 5233). The board refused to proceed to hear and act on the petition, claiming that it…