Hunt

Lulberda Hunt petitioned this court for a writ of prohibition directed to the Honorable William *673 Biddiek, Judge of the Superior Court in and for the County of San Joaquin prohibiting Judge Biddiek from hearing a cause pending before said Superior Court, in which the Redevelopment Agency of the City of Stockton, as plaintiff, is condemning for its uses a parcel of land in San Joaquin County owned by petitioner. Petitioner avers that the redevelopment agency is “a public agency” and that, therefore, under the provisions of section 170, subdivision 6, of the Code of Civil Procedure, judges of the Superior Court in San Joaquin County are disqualified to hear the cause. This court issued an order directing Judge Biddiek to show cause why he should not be prohibited from acting in said cause and the matter has been heard upon the return of Judge Biddiek and the petition for the writ.

The pertinent part of the code section referred to reads as follows:

We think that the long-standing judicial construction of the legislation relied upon by petitioner made heretofore by the appellate courts of the state, combined with the inferable acquiescence of the Legislature in that…