Love

Love v. Navarro

Good Law
262 F. Supp. 520·1967 U.S. Dist. LEXIS 10671
United States District Court, Central District of CaliforniaJanuary 10, 196766-1280-IHCalifornia1,865 words

Opinion

Opinion

Hill, J.

MEMORANDUM OPINION and ORDER OF DISMISSAL

The instant action is of a type, increasingly more common, in which citizens feel themselves aggrieved by some action of local government officials and come to the Federal Court under the Civil Rights Act believing, more emotionally than rationally, that they must be entitled to a remedy here. Plaintiffs are a group of homeowners residing in the La Tuna Canyon area of the City of Los Angeles who are unhappy because the City is building a new multi-lane road near their homes. They sue the individual members of the City’s Board of Public Works, the City Controller, and the two privately-owned construction companies who are building the road under contract with the City.

Plaintiffs’ counsel conceded at the argument that no property of any plaintiff had been condemned or otherwise taken by the City for the road. -Plaintiffs are essentially complaining that the location of the road near them will lessen their enjoyment of their homes. The complaint contains the standard Civil Rights Act allegations of deprivation of property without due process, denial of equal protection and deprivation of rights, privileges and immunities. As an added…

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