Yaeger

Appeal by plaintiff Yaeger from a judgment for respondents denying plaintiff’s petition for an alternative writ of mandate ordering respondents to exclude plaintiff’s property from a proposed vehicle-parking district on the ground that said property would not be benefited by inclusion in the district.

Organization of the district was carried out under the provisions of Streets and Highways Code, section 31550 et seq. (Parking District Act of 1943.) The ordinance for this purpose was adopted on May 28, 1963, by the City Council of the City of Fullerton.

The overall validity of the proceedings themselves is not questioned. Both parties agree that the area of disagreement between them is limited to the character of the evidence of benefit to appellant’s property produced at the hearings held before respondent city council and the law applicable to this evidence.

Appellant is the owner of four parcels of property in what is described as Block 4 sought by respondent city council to be included in Parking District No. 2 in the Townsite of Fullerton. She maintains that the proposed inclusion of her property in the district cannot in any way benefit the property. In proper time she and…