Arechiga

Plaintiffs were among the many property owners who were defendants in Housing Authority v. Lopez, which was an action initiated in 1951 to condemn property in the city of Los Angeles for a low rental housing project. The issue of necessity was litigated in that action, which resulted in a judgment for the Housing Authority in March, 1953, fixing the value of the property here in question at $10,050. No appeal was taken by the Arechigas and that judgment in due course became final. The amount of the award was deposited with the county clerk by the Housing Authority. The Arechigas, however, did not withdraw these funds. The housing project was not built but was, in fact, abandoned about July, 1953. On September 30, 1953, the Arechigas filed this suit against the Housing Authority “to set aside or enjoin enforcement” of the judgment in the condemnation action. Thereafter the property was conveyed to the city of Los Angeles and early in 1957 a supplemental complaint was filed making the city a party to this action. The city’s demurrer was sustained without leave to amend. Plaintiffs appeal from the judgment of dismissal.

Plaintiffs base their claim for relief on the fact that “the…