HARMAN v. CITY AND COUNTY OF SAN FRANCISCO

Docket No. S.F. 22859.

7 Cal.3d 150 (1972)

496 P.2d 1248

101 Cal. Rptr. 880

JUNE HARMAN, Plaintiff and Appellant, v. CITY AND COUNTY OF SAN FRANCISCO et al., Defendants and Respondents.

Supreme Court of California. In Bank.

May 15, 1972.


Attorney(s) appearing for the Case

COUNSEL

John B. Harman for Plaintiff and Appellant.

Thomas M. O'Connor, City Attorney, Norman Sanford Wolff and Robert A. Kenealey, Deputy City Attorneys, Kopp & Goldstein, Quentin L. Kopp, Thomas M. DiFranco, Walter A. Dold, George S. Youngling, Thomas F. Stack, Hanson, Bridgett, Marcus & Jenkins, Williams J. Bush and Pierce N. Stein for Defendants and Respondents.

Sidney E. Roberts, James K. Haynes and Orrick, Herrington, Rowley & Sutcliffe as Amici Curiae on behalf of Defendants and Respondents.


OPINION

TOBRINER, J.

In this taxpayer's suit we are asked to determine if San Francisco may properly sell its vacated streets, burdened with private easements of ingress and egress, for 50 percent of their unencumbered fee value. We hold that, because the value of such easements in all of the city's streets are not uniform, the city's arbitrary reduction of 50 percent of the value of the vacated street in fixing the sales price violates...

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