Does a writ of mandate need to be issued in a motion for withdrawal of a written protest against a proposed incorporation?

California, United States of America


The following excerpt is from Strauss v. Board of Sup'rs of Los Angeles County, 181 Cal.App.2d 133, 5 Cal.Rptr. 294 (Cal. App. 1960):

If the aforementioned requests for withdrawal had not been denied and if the protests to which they related had not been included and counted, the written protests to the proposed incorporation would have represented less than 51 per cent of the total assessed valuation of the land within the boundaries of the proposed incorporation; and the respondent would have accordingly still had jurisdiction and duty to proceed in the matter. In such event, it is clear that writ of mandate should have issued. Landsborough v. Kelly, 1 Cal.2d 739, 37 P.2d 93, 96 A.L.R. 707.

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