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EDEN MEMORIAL PARK ASSN. v. DEPT. OF PUBLIC WORKS

Docket No. L.A. 26983.

59 Cal.2d 412 (1963)

380 P.2d 390

29 Cal. Rptr. 790

EDEN MEMORIAL PARK ASSOCIATION et al., Plaintiffs and Appellants, v. THE DEPARTMENT OF PUBLIC WORKS et al., Defendants and Respondents.

Supreme Court of California. In Bank.

April 16, 1963.

Attorney(s) appearing for the Case

Sandler & Rosen, Nelson Rosen and Thorpe, Sullivan, Clinnin & Workman for Plaintiffs and Appellants.

Stanley Mosk, Attorney General, N.B. Peek and Don G. Kircher, Deputy Attorneys General, George C. Hadley, George W. Miley, Charles E. Spencer, Jr., and Robert E. Reed for Defendants and Respondents.

Ramsey Clark, Assistant Attorney General (United States) and Roger P. Marquis as Amici Curiae on behalf of Defendants and Respondents.

TRAYNOR, J.

In this action Eden Memorial Park Association and one of its directors in his capacity as a taxpayer seek to enjoin the Department of Public Works and state officials from constructing a freeway across land that Eden dedicated exclusively for cemetery purposes. The parties submitted the case on a stipulation of facts, and the trial court entered judgment for defendants. Plaintiffs appeal.

Defendants planned to construct the freeway in question...

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