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CITY OF FRESNO v. CALIFORNIA HIGHWAY COM.

Docket No. 16731.

118 Cal.App.3d 687 (1981)

173 Cal. Rptr. 671

CITY OF FRESNO, Plaintiff and Appellant, v. CALIFORNIA HIGHWAY COMMISSION et al., Defendants and Respondents.

Court of Appeals of California, Third District.

May 4, 1981.

Attorney(s) appearing for the Case

COUNSEL

James A. McKelvey, City Attorney, James C.E. Barclay, Assistant City Attorney, and Hilda Cantu Montoy, Deputy City Attorney, for Plaintiff and Appellant.

George Deukmejian, Attorney General, Arthur C. de Goede, Assistant Attorney General, Richard G. Rypinski, Robert F. Carlson, Ralph E. Livingstone, Jr., and Orrin F. Finch for Defendants and Respondents.

OPINION

PERLUSS, J.*

We are called upon to interpret the meaning, scope and effect of the so-called "freeway agreements," or contracts which the state enters into with cities pursuant to certain statutes relating to freeways. In such agreements the state, in contemplation of building a freeway which has been approved by the California Highway Commission (commission), agrees to pay for and make the necessary...

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