Bayshore Sanitary District v. City of Brisbane

On this appeal, the Bayshore Sanitary District (hereafter referred to as District) urges that its petition for a writ of review, prohibition or mandate to set aside annexation proceedings of the City of Brisbane (hereafter referred to as City) under the Annexation of Uninhabited Territory Act of 1939 (hereafter referred to as the Uninhabited Territory Act) (Gov. Code, §§ 35300-35326) should have been granted. The District cites the following alleged errors by the trial court as grounds for reversal: (1) the conclusion that the territory annexed was uninhabited pursuant to section 35303 of the Government Code; (2) the conclusion that the territory annexed was a single parcel contiguous to the City; and (3) the restriction on the interrogation of certain witnesses.

*262 The City’s North Annexation No. 1 here in question consisted of about 11,000 acres bounded roughly as follows: on the east by the confluence of the county lines of San Mateo and Alameda Counties in the center of San Francisco Bay; on the north by the City and County of San Francisco; on the south by the City of Brisbane; on the southwest by unincorporated territory; and on the west by the City of Daly City. The…