Lawson

This is an application by petitioner for a writ of certiorari to above-named respondents to review the action of said respondents as trustees of Turlock Union High School District in changing the site of the high school from its former position in said city to another about one mile distant. It is contended by petitioner that the trustees exceeded their powers in ordering the change. Although the record in the matter is somewhat voluminous, the actual question to be determined is very narrow. Turlock is an incorporated city, and prior to October, 1919, said high school district owned and maintained a high *Page 253 school upon certain premises within said city, which premises had been regularly selected and designated for that purpose. The union district covers an extensive area of territory outside of the corporate limits of said city and includes said city. In October, 1919, said trustees by a majority vote changed said high school from its former position to a tract of about twenty-three acres situated in another part of the city. In February, 1920, petitioner herein commenced an action in injunction in the superior court in an effort to restrain said trustees from proceeding…

A petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on June 24, 1920, and the following opinion then rendered thereon: THE COURT. — The application for a hearing in this court after decision by the district court of appeal of the third appellate district is denied. We deem it necessary to say, however, that the decision must not be taken as a precedent for the proposition that certiorari will lie to review decisions of a tribunal, board, or officer, not made in the exercise of judicial functions (Code Civ. Proc., sec. 1068), nor for the proposition that the order of the trustees of a union high school district changing the location of a high school building is other than a legislative or executive act. ( Hopping v. Richmond, 170 Cal. 612 , et seq., [ 150 P. 977 ].) All the Justices concurred.