Boyle

In June of 1926 the board of supervisors of the city and county of San Francisco duly passed and approved a resolution reciting that public interest and necessity require the acquisition by the city and county of San Francisco, a municipal corporation, of certain lands, therein described by metes and bounds, amounting to approximately 550 acres. The resolution further recited that the said property is suitable, adaptable, necessary and required for the public use of the city and county of San Francisco as and for a public park; that it is necessary that a fee-simple title be taken for such use and the city attorney was ordered to commence proceedings in eminent domain against the owner of the described lands. The lands described in this resolution embrace more or less the area that is popularly known as McLaren Park in the Mission District of San Francisco and the total value of said lands is probably in excess of $2,000,000.

This resolution, it is admitted by all concerned in this proceeding, was never acted upon by the city attorney and no proceedings in eminent domain were ever brought, or any other proceedings taken pursuant thereto. The board of supervisors, however, did not…