Bowles

The superior court entered judgment directing that a writ of mandate issue to compel the city council of the City of Capitola to annul a resolution adopted by it vacating a 10-foot strip of a public street known as Grand Avenue. The city appeals.

Grand Avenue is a public street in the City of Capitola, running generally in an east-west direction. Respondents own property on the north side of Grand Avenue, between Central and Cliff Avenues. Mr. and Mrs. Kaufmann own property on the south side of Grand Avenue between Central and Cliff. Grand Avenue was originally 60 feet in width. Some time prior to April 15, 1964, the Kaufmanns requested the city planning commission of Capitola to consider abandoning 20 feet on the southerly side of Grand Avenue because they intended to build an apartment house on their property. The city engineer reported to the planning commission that a 50- foot right of way along Grand Avenue was all that was required for street purposes. The planning commission then recommended to the council that . . ten (10) feet of the Grand Avenue right of way be reconveyed to the Kaufmanns.” The report of the planning commission was discussed by the council, but the…