People ex rel. Tuban v. City of Mountain View

This is an action in quo warranto, brought by the People of the State of California on relation of Mark Tuban and others to have declared void Ordinance No. *106 175.586 of the City of Mountain View which approved the annexation of an area of land known as “El Camino 16-A.”

The annexation was conducted in 1959-1960 pursuant to the “Annexation of Uninhabited Terrotory Act of 1939.” (Gov. Code, §§ 35300-35326.) 1 The appellants contend that the annexation was in violation of this act in the following particulars: (1) the City Council of Mountain View wrongfully refused to consider certain protests, (2) the subject territory “El Camino 16-A” was not contiguous to the City of Mountain View, (3) the subject territory consisted of more than one single body of land, and (4) the City of Mountain View lacked jurisdiction to entertain the petition for annexation because a segment of “El Camino 16-A” was contained in a prior annexation proceeding in which a majority protest was filed less than one year prior to the initiation of “El Camino 16-A” proceedings.

The Facts.

A stipulation consisting of an agreed statement of facts was filed at the inception of the trial and may be summarized as…