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HARBOR CARRIERS, INC. v. CITY OF SAUSALITO

Docket No. 34005.

46 Cal.App.3d 773 (1975)

121 Cal. Rptr. 577

HARBOR CARRIERS, INC., Plaintiff and Respondent, v. CITY OF SAUSALITO, Defendant and Appellant.

Court of Appeals of California, First District, Division Three.

April 2, 1975.

Attorney(s) appearing for the Case

COUNSEL

Bagshaw, Martinelli, Corrigan & Jordan and Philip A. Torre for Defendant and Appellant.

Bagley, Bianchi, Hoskins & Rosenberg, Albert Bianchi and Gary P. Oswald for Plaintiff and Respondent.

OPINION

DRAPER, P.J.

Appellant city treats the judgment as one requiring issuance of a use permit for a specific terminal site. But, fairly construed, the judgment merely directs the city to make a "downtown" site available for use as a ferry terminal.

(1) The certificate of public convenience and necessity issued by the state Public Utilities Commission authorizes respondent to conduct a common carrier service...

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