Symons

Upon consideration in Bank the opinion heretofore rendered in department is adhered to and adopted.

A taxpayer is permitted to maintain an action to restrain the improper diversion or use of the public funds, or to compel an official to do some act whose omission would increase his burden as a taxpayer. In both cases the ultimate object is the same—to escape the imposition of an increased taxation, which, except for his right of action, would be by direction or indirection illegally thrust upon him. No such consideration is here presented. It is not made to appear that any additional burden or expense is to he imposed upon plaintiffs as taxpayers, or that any expense at all attends the proposed vacation.

While plaintiffs show that they are property owners, they show also that they are not owners of property abutting upon the streets proposed to be closed. Owners of abutting property have a special easement, which is ■ property, upon the fronting street. (Eachus v. Los Angeles Ry. Co., 103 Cal. 614 ; 42 Am. St. Rep. 149 ; Bigelow v. Ballerino, 111 Cal. 559 .) But it is well settled that owners of other realty have no such property in a street as entitles them to damages for its…