Muchenberger
Muchenberger v. City of Santa Monica
Opinion
Lead Opinion
Waste, J.
Respondents, as citizens of the state of California, and as residents and citizens of the City of Santa Monica, claiming to act in their own behalf and on behalf of others similarly situated, instituted an action in equity against the City of Santa Monica, a municipal corporation, and its officers, and against the Santa Monica Land Company, a corporation, to compel the city, as trustee, to perform the terms of the trust contained in the “Act granting certain tide-lands and' submerged lands of the State of California to the City of Santa Monica upon certain trusts and conditions,” approved April 10, 1917, and in particular to require the city to cancel a deed and certain permits issued to the land company pertaining to a portion of the tide-lands alleged to belong to the city. The trial court made voluminous findings and conclusions of law, and entered judgment, the general effect of which is to sustain the position of the defendant city, but directing that certain remedial steps be taken in relation to a portion of the lands in question. The plaintiffs and the City of Santa Monica and its officers have appealed. The defendant land company is satisfied with the judgment.