Harpham

Harpham v. Board of Supervisors

Good Law
1919 Cal. App. LEXIS 413·41 Cal. App. 192·182 P. 324
Court of Appeal of CaliforniaMay 13, 1919Civ. No. 2831.California932 words

Opinion

Lead Opinion

Conrey, J.

The plaintiff made application to the superior court of Ventura County for a writ of review directed to certain proceedings whereby the board of supervisors of that county attempted to create a certain protection district known as “Sespe Protection District of Ventura County. ’ ’ The defendants demurred to the petition and moved for dismissal of the action. The demurrer was based upon the ground that the petition did not state facts sufficient to constitute a cause of action, and that the plaintiff did not have legal capacity to sue. The motion was made upon the ground that the petitioner “has not legal capacity to sue, in this, that plaintiff is an individual and is attacking the validity of a public or q«asi-publie corporation, and that the legal existence of same cannot be questioned by a private individual on certiorari, but only by the state of California on quo warranto proceedings.” The motion was made upon the petition and upon an affidavit setting forth various proceedings had in performing the work of' the supposed Sespe Protection District during the two years intervening after the district was declared to be formed and before the commencement of this action. The court…

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