Clark v. City of Manhattan Beach
Opinion
Lead Opinion
Lorigan, J.
Plaintiffs, as property owners, sued for an injunction to prevent the issuance and sale by defendants of ninety thousand dollars of municipal improvement bonds, and from a judgment in favor of defendants, plaintiffs appeal.
The facts show that Manhattan Beach is a city of the sixth class; that on November 7, 1914, its board of trustees determined that public interest and necessity demanded that the said city incur a bonded debt of ninety thousand dollars for the construction and completion of wharves upon dr adjacent to the waterfront of said city to be owned and operated by said city, one to be located at the foot of Center Street of the estimated cost of seventy thousand dollars, and one at the foot of. Marine Avenue of the estimated cost of twenty thousand dollars; and that an election to vote upon' the proposition of incurring said indebtedness in the amount of said ninety thousand dollars be held on January 20, 1916. An election was accordingly held at which 311 votes were cast; that 230 thereof were cast in favor of the issuance of said bonds, and 78 against their issuance. The city was proceeding to issue and sell said bonds when this action was brought.