Zisk

Judgment was entered dismissing plaintiffs' complaint which alleged a first cause of action for inverse condemnation and a second cause of action for violation of the federal Civil Rights Act; this judgment was subsequently set aside; judgment was thereafter entered dismissing again the second cause of action and abating (by interlocutory judgment) the first cause of action (because of a prior condemnation action pending).

Plaintiffs appeal from the judgment of dismissal of the second cause of action. They contend that a cause of action was stated under the federal Civil Rights Act ( 42 U.S.C. §§ 1983 and/or 1985) because the city councilmen are not immune from liability thereunder and because the pleadings establish that the councilmen clearly violated established constitutional rights of plaintiffs.

Defendant City of Roseville (hereinafter “City”) cross-appeals from the order setting aside the initial judgment of dismissal and from the later interlocutory judgment abating the first cause of action. The City contends: (1) that the trial court lacked authority to set aside the original judgment of dismissal in favor of City; and (2) that even if the court had such…