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WILEY v. CITY OF BERKELEY

Docket No. 16558.

136 Cal.App.2d 10 (1955)

288 P.2d 123

S.F. WILEY, Appellant, v. CITY OF BERKELEY, Respondent.

Court of Appeals of California, First District, Division Two.

October 3, 1955.

Attorney(s) appearing for the Case

Francis T. Cornish and Mary Moore Larkin for Appellant.

Fred C. Hutchinson, City Attorney, and Robert T. Anderson, Assistant City Attorney, for Respondent.

KAUFMAN, J.

This is an appeal from a judgment entered upon an order sustaining a demurrer without leave to amend, to the first amended complaint in an action brought to enjoin the city of Berkeley from using a public park as a site for a firehouse. It is appellant's position that the appropriation of dedicated park lands to uses other than park purposes is a nonmunicipal affair and that the abandonment of park lands or a change in their use is regulated exclusively...

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