City of Plymouth v. Superior Court

The City of Plymouth (hereinafter “petitioner”) seeks a peremptory writ prohibiting respondent superior court from proceeding further with an action brought against petitioner by real parties in interest, who are property owners. Their suit against petitioner alleges that their property, which has been assessed to pay for municipal improvement bonds, will receive no benefit from said improvements.

After commencement of the property owners’ action and service of process upon petitioner, petitioner nevertheless issued and sold the bonds. This application for a writ of prohibition presents the question whether the superior court has jurisdiction to proceed with the property owners’ suit after petitioner has issued and sold the bonds. We have concluded, in the circumstances shown, that such jurisdiction exists.

The facts alleged in the petition for prohibition are uncontroverted. Petitioner is a municipal corporation. In July 1968, petitioner’s city council adopted a resolution determining to construct sewer improvements, to issue bonds to finance that project under the Improvement Bond Act of 1915 (Sts. &Hy. Code, § 8500 et seq.), and to undertake assessment proceedings…