SMITH v. CITY OF DUARTE

Docket No. 27519.

228 Cal.App.2d 267 (1964)

39 Cal. Rptr. 524

D. JAY SMITH et al., Plaintiffs and Appellants, v. CITY OF DUARTE et al., Defendants and Respondents.

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

June 30, 1964.


Attorney(s) appearing for the Case

Fred N. Howser for Plaintiffs and Appellants.

William Camil, City Attorney, for Defendants and Respondents.


FOX, P.J.

This is an appeal from a judgment dismissing plaintiffs' case, without prejudice, for lack of jurisdiction. The decisive question herein is whether the trial court was correct in this decision, which was made on the ground that plaintiffs had failed to exhaust the administrative remedies available to them.

On March 24, 1962, the City Council of Duarte enacted Ordinance No. 95, a comprehensive zoning ordinance for the city. In April a referendum petition...

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