People v. City of Los Angeles

In the main this is an appeal by the defendants from a judgment declaring void an ordinance adopted by the city council of the city of Los Angeles which ordered the vacation of that part of Argyle Avenue lying between Sunset Boulevard and Selma Avenue, a distance of 573.3 feet. This appeal further involves an order by the trial court denying defendants’ motion to strike certain portions of the complaint, as well as to dismiss the complaint because improperly authorized by the attorney-general ; also an appeal by the plaintiff from the order denying plaintiff’s application for a preliminary injunction.

Argyle Avenue is 60 feet in width and 1210 feet long. It extends from Hollywood Boulevard on the north to Sunset Boulevard on the south. At a distance of 573.3 feet northerly from Sunset Boulevard Argyle Avenue is intersected by Selma Avenue, running east and west. At about 375 feet to the west and parallel to Argyle Avenue is located a through street, and the same condition prevails as to another street at about the same distance to the east of Argyle Avenue. The defendant Famous Players-Lasky Corporation *783 owns all the property fronting on either side of that part of Argyle…

In the petition for rehearing herein, it appears that objection is taken by appellants to the statement contained in the opinion to the effect that the determination by the city council as to the question of public interest and convenience requiring the closing of the street was made before any protest was filed and necessarily before any hearing was had thereon. The facts are that after the petition for vacating the street was presented and before the ordinance of intention was passed, a protest was filed, but it is only after the ordinance of intention has been passed and notice of public work has been posted by the street superintendent that protests are authorized to be filed. (See. 4, Stats. 1889, p. 70.) It was regardless of such protests that the city council made its determination, as expressed in its ordinance of intention, “that the public interest, necessity and convenience” required that the street be

*795 closed. Other protests, which were subsequently filed, were overruled by the city council. [3] The final ordinance contains no declaration to the effect that the public interest or convenience requires that the street be closed; but it must be conceded that the case…

In the main this is an appeal by the defendants from a judgment declaring void an ordinance adopted by the city council of the city of Los Angeles which ordered the vacation of that part of Argyle Avenue lying between Sunset Boulevard and Selma Avenue, a distance of 573.3 feet. This appeal further involves an order by the trial court denying defendants' motion to strike certain portions of the complaint, as well as to dismiss the complaint because improperly authorized by the attorney-general; also an appeal by the plaintiff from the order denying plaintiff's application for a preliminary injunction. Argyle Avenue is 60 feet in width and 1210 feet long. It extends from Hollywood Boulevard on the north to Sunset Boulevard on the south. At a distance of 573.3 feet northerly from Sunset Boulevard Argyle Avenue is intersected by Selma Avenue, running east and west. At about 375 feet to the west and parallel to Argyle Avenue is located a through street, and the same condition prevails as to another street at about the same distance to the east of Argyle Avenue. The defendant Famous Players-Lasky Corporation *Page 783 owns all the property fronting on either side of that part of Argyle…