Heist

Plaintiff appeals from a judgment which found the abandonment of Laux Road by the Colusa County Board of Supervisors was valid. He asserts the trial court did not properly review the proceeding, arguing: (1) the act of abandoning a county road is judicial in nature, subject to review under Code of Civil Procedure section 1094.5. He further argues that (2) the board of supervisors failed to make adequate findings, (3) there was a total lack of evidence to show the public will benefit by the abandonment, (4) the trial court did not rule on his motion for judicial notice, and (5) plaintiff was wrongly made to pay defendant’s preparation costs. We reject the contentions and affirm the judgment.

On March 6, 1979, the Colusa County Board of Supervisors (Board) considered a request from the attorneys for amici Butte Creek Farms and Colusa Shooting Club to abandon a portion of Laux Road. The Board adopted resolution No. 79-40, entitled “A Resolution of Intention to Abandon a Portion of a Public Road In the County of Colusa, State of California, More Commonly Referred to as Laux Road.” The resolution set a date for public hearing, and required that notice of the meeting be…