Brenkwitz

A petition for writ of prohibition was dismissed by the superior court on the ground that plaintiffs had not exhausted the administrative remedies available to them and that therefore the court was without jurisdiction to proceed. Plaintiffs appeal from the judgment of dismissal.

Plaintiffs’ property had been assessed by the City of Santa Cruz for the purpose of opening certain streets, but the assessment had been declared void by the city council and by summary judgment of the superior court, when the court was informed of the city’s action, in an earlier proceeding. But the court had remanded the assessment proceeding to the city council for ‘ ‘ such proceedings as are authorized by law. ’ ’ By its own terms, the judgment decreed that summary judgment was not to prevent plaintiffs from presenting protests or objections as to any reassessment hereafter made or proposed to be made.

There followed reassessment proceedings as to many, but not all, of the properties and notice was given to all of the plaintiffs herein of a time and place for the hearing of objections by the city council. Plaintiffs filed protests to the reassessments, but without pausing for these to be heard, they…