Schmid

In these proceedings petitioners sought and obtained a writ of mandate restraining the city of Stanton from taking any further action in connection with annexation to said city.

On August 8, 1956, proceedings were initiated to annex certain property to the city of Stanton. These proceedings were known as the “South Annexation” and September 24, 1956, was set as the time for hearing protests. However, on August 31, 1956, at a special meeting, the city council, by *685 resolution, terminated the proceedings on said “South Annexation.” Several protests had been prepared for filing but after notice of such termination from the city clerk to the protestants, they were delivered to protestants’ attorney and were not filed with the city clerk. In this connection the city clerk’s minutes of September 24, 1956, the date set for the hearing, show that no protests were received. These protests covered between 60 and 75 per cent of the assessed valuation of the property sought to be annexed.

On October 29, 1956, the city council adopted resolution Number 28, declaring that proceedings had been initiated by the city council of said city to annex to said city certain uninhabited territory…