Bosio

Statement of the Case

This is an appeal from a judgment in two consolidated actions in which appellants seek to prevent respondent Division of Highways of the Department of Public Works of the Business and Transportation Agency of the State of California (hereinafter “Division of Highways”) from carrying out a proposed state highway project known as the Lompoc Bypass, a freeway.

Appellants Bosio and Gherini were named as defendants in a condemnation action (No. SM 11049) commenced by respondent on May 25, 1972, to acquire property for use as right-of-way for the highway project. Their demurrer to the complaint filed October 4, 1972, raised the *501 objection that the complaint did not show whether an environmental impact study and report had been made with respect to such project. That demurrer was overruled on January 24, 1973. In an accompanying statement of reasons the court said, “The proper way to reach this problem would be for the defendants to raise the defense by answer, together,with a cross-complaint for injunctive relief.” On March 7, 1973, such an answer and a cross-complaint to restrain further progress of the project were filed, asserting that it would…