Duskin

This appeal is from a judgment of dismissal, sustaining without leave to amend the demurrer of respondents, San Francisco Redevelopment Agency and its executive director and commissioners (Agency) to a representative taxpayer’s suit filed by plaintiff Duskin on grounds of failure to state a cause of action.

On an appeal from a judgment of dismissal sustaining a demurrer, all of the facts set forth in the pleadings must be accepted as true. Duskin’s first amended complaint alleged the following causes of action: the first, based on the Community Redevelopment Law (Health & Saf. Code, § 33000 et seq.), alleged that the Agency was under a statutory mandate to sell real property at “an amount not less than its fair value” but had sold the properties involved at $12.50 per square foot to Del Monte Corporation, while real property in close proximity thereto had recently been sold for more than $100 per square foot; and that the Agency had acted in excess of its authority and unless restrained would cause the waste of or injury to the funds or other property of the city.

The second cause of action alleged that the Agency was also bound by The Federal Housing Act of 1949, as…