MIitchell

—In an action against the City of Indio and others to invalidate Annexation No. 54 (see infra) and to compel a special election on the issue, plaintiffs 1 have appealed from a summary judgment entered in favor of defendants.

Factual and Procedural Background

The area affected by Annexation No. 54 is comprised of 723.32 acres with an estimated population of 410, and is bounded by railroad tracks on the north; Fred Waring Drive on the south; Jefferson Street on the west, and a storm channel on the east. The annexation was requested by Ted Eichelberger, the developer of a proposed convention center in the affected area.

On May 2, 1986, the City of Indio (the City) mailed each registered voter and each landowner in the area of Annexation No. 54 a notice that a public hearing to consider such annexation would be held on May 21, 1986, i.e., 19 days later. On May 7, 1986, i.e., 14 days before the May 21 hearing, the City published a notice of the hearing.

*885 After the May 21 hearing, the city clerk issued a certificate reciting that there were 187 registered voters in the affected area; that 47 “signatures” (i.e., written protests) were required to trigger an order for…