Legal Opinion

People Ex Rel. Averna v. City of Palm Springs

California Supreme Court

Decided October 24, 1958No. L. A. 24796PublishedCited by 43 opinions

1Opinion of the CourtSpence, J.

This is a proceeding in quo warranto to test the validity of the annexation of certain “uninhabited” territory to the city of Palm Springs. Plaintiff’s complaint, which charged the invalidity both generally and specifically, was found insufficient by the trial court and judgment was entered in favor of defendant after a demurrer was sustained without leave to amend.

Quo warranto lies to attack a completed annexation proceeding. (American Distilling Co. v. City Council, Sausalito, 34 Cal.2d 660, 667 [213 P.2d 704, 18 A.L.R.2d 1247].) Under existing law, the complaint is held sufficient if it…

2Cases cited32 opinions

  1. Hunter v. City of PittsburghSupreme Court of the United States · 1907
  2. Myles Salt Co. v. Board of Comm'rs of Iberia and St. Mary Drainage Dist.Supreme Court of the United States · 1916
  3. Forsyth v. HammondSupreme Court of the United States · 1897
  4. Kelly v. PittsburghSupreme Court of the United States · 1881
  5. State Ex Rel. Pan American Production Co. v. City of TexasTexas Supreme Court · 1957

27 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Weber v. City CouncilCalifornia Supreme Court · 1973
  2. County of Los Angeles v. Superior CourtCalifornia Supreme Court · 1975
  3. Wilson v. Hidden Valley Municipal Water DistrictCalifornia Court of Appeal · 1967
  4. Scarlett v. Town Council, Town of Jackson, Teton CountyWyoming Supreme Court · 1969
  5. City of Santa Cruz v. Local Agency Formation CommissionCalifornia Court of Appeal · 1978

38 more not listed; retrieve them via the Exa API.

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