Brydon

Brydon v. City of Hermosa Beach

Good Law
1928 Cal. App. LEXIS 823·93 Cal. App. 615·270 P. 255
Court of Appeal of CaliforniaAugust 23, 1928Docket No. 6111.California5,749 words

Opinion

Lead Opinion

Hazlett, J.

This is an action for an injunction against the City of Hermosa Beach, the mayor, the members of the city council, and superintendent of streets of the city, to enjoin them from receiving any bids or making any contracts for the construction of certain street improvements upon certain public streets in the city, and from levying any assessment or taking other proceedings in the matter, and to enjoin a certain other action predicated in eminent domain, and for general relief. Plaintiff Brydon and other parties plaintiff brought this action as owners in the district of lands to be assessed for the improvement, and they allege that they sue for themselves and for all other property owners similarly situated. The proceedings for the improvement are under the “Improvement Act of 1911.”

Plaintiffs introduced their evidence, and defendants, being content therewith, introduced none, but rested, and judgment was given for defendants, from which judgment plaintiff Brydon alone appeals.

Between the time when the court aimounced its decision and the entry of the judgment, plaintiffs moved the court for an injunction to stay all proceedings in the matter of the improvement pending an appeal,…

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