Alpha Beta Acme Markets, Inc. v. City of Whittier

This is an appeal from an order of dismissal under Code of Civil Procedure section 581, subdivision 3 as to defendants City of Whittier and Whittier Uptown Parking District No. 2. The order of dismissal was based upon sustaining of demurrers to each of plaintiff’s six causes of action as set forth in its first amended complaint upon representation of counsel for plaintiff that no facts could be added if leave to amend were granted.

On February 26, 1963, the City of Whittier adopted Ordinance No. 1598, which is “The Whittier Improvement Procedure Code. ’ ’ Ordinance No. 1598 is entitled as follows:

The ordinance, adopted under the powers of the city as a charter city, is a mosaic, composed of portions of the Street Opening Act of 1903, the Improvement Act of 1911 and the Municipal Improvement Act of 1913, together with some provisions original with the ordinance.

On May 11, 1965, defendant city adopted a Resolution of Intention, No. 3780, to form a special improvement district pursuant to chapter V, articles 1, 4 and 5 of Ordinance No. 1598 and to issue bonds and to levy an ad valorem assessment pursuant to article 6 of chapter VI of that ordinance. Sec tion 240 of that…