Blake

Blake v. City of Eureka

Good Law
1927 Cal. LEXIS 509·201 Cal. 643·258 P. 945
Supreme Court of CaliforniaJuly 25, 1927Docket No. S.F. 12240.California7,285 words

Opinion

Lead Opinion

Curtis, J.

This action was instituted for the purpose of obtaining an injunction restraining the members of the city council of the City of Eureka from further proceeding under resolutions 199, 1591, and 1592, theretofore passed by said council, or from considering bids or awarding a contract for the construction of certain improvements of three streets of said city, mentioned and- described in said resolutions. It is alleged in the complaint that the plaintiffs in said action are the owners of land within the assessment district proposed to be formed for the purposes of paying the costs of said improvements, and that all of said plaintiffs with the exception of William Kehoe are taxpayers and residents of said city. The defendants, so it is alleged in the complaint, are the City of Eureka, the members of the city council thereof and the Mercer-Fraser Company, a corporation, a construction company, who made the lowest bid for the construction of said improvements and to whom said city council awarded the contract for' the improvement of said streets. The complaint sets up seven causes of action, all separately stated. The court sustained a general demurrer to each cause of action. It also…

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