Robinson

Ventura Realty Co. v. Robinson

Good Law
10 Cal. App. 3d 628·1970 Cal. App. LEXIS 1872·89 Cal. Rptr. 117
Court of Appeal of CaliforniaAugust 19, 1970Civ. 36163California3,634 words

Opinion

Opinion

Lillie, J.

Plaintiffs as taxpayers of Ventura County sued to enjoin members of the board of supervisors and the county executive from constructing a new county civic center complex, including a courthouse, on a site within the present corporate limits of the Town of San Buenaventura but outside the original boundaries of the town as established in 1866. Defendants demurred on two grounds—“1. The complaint does not state facts sufficient to constitute a cause of action. 2. The court has no jurisdiction of the subject of the action for the reason that plaintiffs have failed to join an indispensable party.” The trial court took judicial notice of the fact that in 1968 the land on which the proposed site is located was annexed to the City of San Buenaventura, and sustained the demurrer on the ground “that the complaint fails to state a cause of action.” Plaintiffs not having amended their pleading within 10 days, a judgment of dismissal was entered; they appeal from the judgment.

The Town of San Buenaventura was incorporated and established by the Legislature in 1866 (Cal. Stats. 1865-1866, ch. CCXVI, p. 216); it consisted of an area of one square mile. In 1872 the Legislature created…

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