Arthur

This is an action for injunctive and declaratory relief by which the plaintiff, appellant herein, seeks to set aside the selection of a junior college site, made by the board of trustees of a junior college district, which is one of the defendants and respondents herein, and to require that board to select his property for such a site. The trial court sustained a general demurrer to the plaintiff’s first amended complaint, without leave to amend; granted the defendants’ motion to strike that complaint on the ground that it was a sham pleading; and entered a judgment of dismissal with prejudice. The plaintiff appeals; claims that his amended complaint alleges facts which show (1) that the board failed to comply with the statutory requirements prerequisite to an exercise of its authority and (2) that its action was fraudulent, arbitrary and capricious, was taken in bad faith, and constituted a “manifest abuse of discretion”; and contends that such a showing entitles him to the relief requested.

' The selection of a school site by a school board of trustees involves an exercise of legislative and discretionary action (Ed. Code, § 15002; Nickerson v. County of San Bernardino, 179…