Bryant
Spring Valley Water Works v. Bryant
Opinion
lead Opinion
McKinstry, J.
The plaintiff filed its petition in the District Court praying that a “ writ of review ” issue to defendants, the Board of Supervisors, commanding them to certify for review a certain preamble and resolution, and an order passed hy the Board; that a day be fixed for the hearing, and that on such hearing it he declared and adjudged that in passing said preamble, resolution, and order, the said Board acted without authority of law, and in excess of its jurisdiction, and that said preamble, resolution, and order were void.
The defendants filed an answer to the petition, and, after hearing the parties, it was by the District Court “ ordered, adjudged, and decreed ” that the action of the Board in jiassing, and of the Mayor in signing the resolution and order, was in excess of the jurisdiction of the Supervisors and Mayor, and without authority of law, “ and in violation of the rights of *134 petitioner, and it was further adjudged and decreed that the said resolution and order be vacated and set aside.”
From this judgment the defendants have appealed.
The preamble and resolution referred to are as follows;