Los Angeles Athletic Club v. Board of Harbor Commissioners

Good Law
130 Cal. App. 376·1933 Cal. App. LEXIS 900·20 P.2d 130
Court of Appeal of CaliforniaMarch 15, 1933Docket No. 8756.California6,429 words

Opinion

Lead Opinion

Geary, J.

Appellant herein commenced its action against the above-named defendants to quiet its title to a leasehold estate derived from respondent City of Los Angeles; to remove a cloud from its title to said leasehold estate consisting of an order of respondent Board of Harbor Commissioners declaring appellant’s lease forfeited, and for declaratory relief. From the judgment of the trial court denying appellant the relief prayed for and quieting the title of the city against appellant the latter prosecutes this appeal.

Appellant herein is a California corporation with its principal place of business in the City of Los Angeles. Prior to November 27, 1920, appellant applied to respondent Board of Harbor Commissioners for a lease of a yacht harbor. On November 27,1920, the respondent Board of Harbor Commissioners passed its order No. 571 approving said application and transmitted the same to the city council of Los Angeles, where it was approved and embodied in ordinance No. 41220 (N. S.). Thereafter said ordinance was approved by the mayor of the city, duly published as required by law, and its operation was not suspended by the referendum provision of the charter of Los Angeles. Said order…

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