County of Alpine v. County of Tuolumne

I dissent.

Sections 23171-23175 of the Government Code provide an administrative procedure and sections 51000-51009 of that code provide a judicial procedure for determining disputed boundaries. Plaintiff was therefore entitled in the first instance to invoke one procedure or the other. (City of Susanville v. Lee C. Hess Co., 45 Cal.2d 684, 689 [290 P.2d 520]; Scripps Memorial Hospital, Inc. v. California Emp. Com., 24 Cal.2d 669, 673 [151 P.2d 109, 155 A.L.R. 360]; see River Plate & Brazil Conferences v. Pressed Steel Car Co., 227 F.2d 60, 64.) Since it elected to proceed before the State…