Leppo

Respondents were awarded a judgment in the sum of $30,636.42 by reason of the demolition of their building by the City of Petaluma and their demolition contractor, Cecil H. Kinney.

The City of Petaluma claims (1) that respondents’ complaint did not state a cause of action; (2) that the respondents should have instituted an action to restrain the demolition; (3) that the trial court erred in ruling that the city had the burden of proving the dangerous condition of the building, and (4) that the evidence did not support the trial court’s finding that the building was not a public nuisance.

Appellant Kinney contends that the liability, if any, is upon the public agency and not the contractor.

Respondents, as trustees of a testamentary trust, are the owners of real property in the City of Petaluma. The property was improved with a three-story building known as the American Hotel Building which was approximately 100 years old at the time of its demolition. The two upper floors were used for hotel or rooming house purposes, and the street floor was divided into three stores occupied by tenants engaged in various types of retail business.

In January of 1966, a one-story…