MORIN v. CITY COUNCIL, CITY OF SAN JOSE

Docket No. 14782.

109 Cal.App.2d 268 (1952)

240 P.2d 688

CHADWICK M. MORIN et al., Respondents, v. CITY COUNCIL OF THE CITY OF SAN JOSE et al., Appellants.

Court of Appeals of California, First District, Division Two.

February 15, 1952.


Attorney(s) appearing for the Case

Robert E. Cassin, City Attorney, and Eugene L. Rendler, Assistant City Attorney, for Appellants.

Charles H. McDonald, City Attorney (Sunnyvale), J. Rainey Hancock, City Attorney (Los Gatos), Herman J. Mager, City Attorney (Mountain View), and C.N. Ozias, City Attorney (Fresno), as Amici Curiae on behalf of Appellants.

Burnett & Burnett for Respondents.


PATTERSON, J. pro tem.

This is an appeal from the judgment granting a peremptory writ of mandate to compel the City Council of the City of San Jose to find valid certain protests against the annexation of contiguous territory and to set aside any determination to the contrary.

On December 5, 1949, the city council by resolution commenced proceedings to annex territory designated as "Bradley Manor No. 3." The proceedings were initiated under the provisions...

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