Robinson

This is an appeal by the defendants, the board of supervisors of Santa Cruz county, from a judgment in a proceeding in certiorari, annulling certain proceedings of said board in reference to the acquisition of a public road.

The proceedings annulled were instituted by certain freeholders and residents of two certain road districts in Santa Cruz county for the purpose of laying out and opening a new public road in said districts of the length of about ten miles, to constitute a direct route from Pajaro valley through the mountains in a northerly direction to connect near Wright’s with the road from San Jose to Santa Cruz. Pursuant to the requirements of section 2643 of the Political Code, under the provisions of which section these proceedings were conducted, three viewers were appointed. They filed their report, in which they recommended the opening of the road, and estimated the damages to the different property owners over whose land the road would pass. After a full hearing of the matter the board passed a resolution, and determined by a unanimous vote, all the members being present, to acquire said road, and that as the proposed road was to be more than three miles long, and…