Santa Fe Land Improvement Co. v. City of San Diego

Appeal from a judgment denying to plaintiff injunctive relief.

In August of 1905, the control of the bay of San Diego was vested' in a board of state harbor commissioners especially appointed for the bay by that name. The authority of such commissioners was as defined in certain sections of the Political Code. The right was given to such commissioners to grant permits to private persons to build and maintain wharves. Pursuant to such authority, on the first day of August, 1905, the harbor commissioners passed a resolution granting to William Jorres and G. W. Jorres the right for a period of twenty years to maintain “a wharf already constructed in the bay of San Diego,” at a place designated and particularly described in the resolution granting the permit. The resolution provided for an annual rental to be paid for the privilege, and also contained a condition satisfying the terms of the statute, which provides that in the case of a wharf permit or franchise grant the commissioners shall reserve the right to terminate the same and purchase the wharf, the provision in terms being as follows: ‘ ‘ That if at any time the said commissioners shall desire to terminate any franchise and…