California Water, Transit & Defense Project v. California Toll Bridge Authority

This is a companion case to Faulkner v. California Toll Bridge Authority, ante, p. 317 [ 256 P.2d 659 ], our opinion in which has been this day filed. As in that case, plaintiff here appeals from a judgment entered on the sustaining without leave to amend of defendants’ general demurrer to plaintiff’s complaint. In this suit plaintiff seeks to have declared invalid the toll bridge revenue bonds more particularly described in our opinion in the Faulkner case, together with various resolutions of the defendant California Toll Bridge Authority, hereinafter termed the authority, and to enjoin the defendants 1 from proceeding with the construction of the proposed toll bridge between Richmond and San Rafael. We have concluded that the demurrer was properly sustained and that the judgment of the trial court should be affirmed.

In material substance the complaint alleges: Plaintiff is a nonprofit corporation, incorporated in this state; defendant authority adopted the various resolutions of September 26, 1952, and of November 7,1952, which are more fully described in the Faulkner ease (such portion of the resolutions as is particularly concerned in this case is hereinafter set forth),…