Omicini
Omicini v. City of Eureka
Opinion
Lead Opinion
Shoemaker, J.
Plaintiffs Peter Omicini and Omicini Investment Company, a corporation, appeal from a summary judgment entered against them in an action brought *567 by them and others against the City of Eureka and city officials thereof, challenging the legality of an ordinance providing for the issuance of bonds for the acquisition and improvement of public parking facilities.
On August 18, 1964, the Parking Place Commission of the City of Eureka filed with the city council a resolution adopted by it on August 11, 1964, requesting the council to take proceedings for the acquisition and improvement of public parking facilities for Parking District No. 1, which had been formed 10 years before by ordinance of the council under the Parking District Law of 1951 (Sts. & Hy. Code, §§ 35100-35707), and which since its creation had been operating parking facilities within the city.
On the same day, the council, by resolution, approved the commission resolution and determined that the public good required the continued use of parking meters on streets in the district as set forth in said resolution, and directed the Director of Public Works to make and file a report pursuant to Streets and Highways…