CITY OF PLYMOUTH v. SUPERIOR COURT

Docket No. 12309.

8 Cal.App.3d 454 (1970)

96 Cal. Rptr. 636

CITY OF PLYMOUTH, Petitioner, v. THE SUPERIOR COURT OF AMADOR COUNTY, Respondent; MELVIN R. EMERSON et al., Real Parties in Interest.

Court of Appeals of California, Third District.

May 4, 1970.


Attorney(s) appearing for the Case

COUNSEL

Wilson, Jones, Morton & Lynch and Robert G. Auwbrey for Petitioner.

No appearance for Respondent.

Brown, Dick & Reece and David H. Rule for Real Parties in Interest.


OPINION

JANES, J.

The City of Plymouth (hereinafter "petitioner") seeks a peremptory writ prohibiting respondent superior court from proceeding further with an action brought against petitioner by real parties in interest, who are property owners. Their suit against petitioner alleges that their property, which has been assessed to pay for municipal improvement bonds, will receive no benefit from said improvements.

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