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CITY OF FAIRFIELD v. SUPERIOR COURT

Docket No. S.F. 23209.

14 Cal.3d 768 (1975)

537 P.2d 375

122 Cal. Rptr. 543

CITY OF FAIRFIELD et al., Petitioners, v. THE SUPERIOR COURT OF SOLANO COUNTY, Respondent; E.P. ANDERSON et al., Real Parties in Interest.

Supreme Court of California. In Bank.

July 16, 1975.

Attorney(s) appearing for the Case

COUNSEL

Wilson, Jones, Morton & Lynch, Jeremiah J. Lynch and Robert G. Auwbrey for Petitioners.

Evelle J. Younger, Attorney General, Carl Boronkay, Assistant Attorney General, Anthony C. Joseph and Anthony M. Summers, Deputy Attorneys General, as Amici Curiae on behalf of Petitioners.

No appearance for Respondent.

Kilpatrick, Peterson & Ely, Dwight C. Ely and Henry H. Kilpatrick for Real Parties in Interest.

OPINION

TOBRINER, J.

Contending that they were denied a fair hearing on an application for a use permit, E.P. and Jack Anderson, partners doing business as Commercial Real Estate Service (hereafter "Commercial"), sought to depose two of the councilmen who voted to deny the permit. The councilmen refused to answer the questions put by Commercial's attorney and, when ordered to answer by the trial court, petitioned for writ of prohibition...

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