People v. City of Oakland

This is an appeal from a judgment of the superior court of Alameda County declaring valid an ordinance adopted by the city council of Oakland ordering vacated that portion of East Eleventh Street generally described as lying between Twenty-eighth Avenue and Twenty-ninth Avenue.

East Eleventh Street, prior to the closing of that portion thereof lying between Twenty-eighth and Twenty-ninth Avenues pursuant to the judgment of the trial court herein appealed from, extended from Twenty-third Avenue to Twenty-ninth Avenue, a distance of 1958.76 feet. The defendant H. G. Prince & Company, one of the respondents herein, owned all of the property fronting on either side of that part of East Eleventh Street which was ordered vacated by said ordinance as well as the fee to the street itself.

In 1887 the public acquired an easement for a public street over a portion of that part of the street so ordered vacated, and in 1912 acquired a similar easement over the remainder thereof.

On the twenty-sixth day of August, 1920, pursuant to ordinances of its council, the defendant City of Oakland, another respondent herein, for the purpose of extending East Tenth Street and East Ninth Street to…