McMillen

Plaintiffs sought a writ of mandate commanding defendants to terminate proceedings for the annexation of certain territory to the city of El Monte. Plaintiffs appeal from a judgment denying the petition for the writ.

Appellants contend that the notice of the annexation proceedings did not satisfy statutory or constitutional requirements ; and that protests made to the city council deprived it of jurisdiction to annex the territory.

On September 10, 1957, pursuant to the Annexation of Uninhabited Territory Act of 1939 (Gov. Code, §§ 35300-35326), the city council of El Monte adopted a resolution (No. 2059) whereby it instituted proceedings to annex uninhabited territory contiguous to the southeasterly boundary of that city. The territory was designated in the resolution as “Annexation No. 135, Southeast El Monte Uninhabited.” The real property in the territory was of the assessed value of $310,540. Plaintiff J. H. McMillen was the owner of property therein of the assessed value of $250,470, and the other plaintiffs were owners of property of the assessed value of $34,500. On October 21, 1957, the city council rescinded Resolution Number 2059 and terminated the annexation…