Keys v. Board of Supervisors

Citations

• 42 Cal. 252

Syllabus

<p>Authority of District Courts as to Certiorari.—The District Courts and the Judges of those Courts have authority to issue the writ of certiorari. The amendments to the Constitution do not affect the question.</p> <p>Proceedings of Supervisors subject of Review.—The proceedings of a Board of Supervisors, in laying out a highway, involved the exercise of judicial functions in the sense of rendering such proceedings the subject of review through the instrumentality of a writ of certiorari.</p> <p>Judicial Discretion as to Certiorari.—The granting or refusal of a writ of certiorari for the purpose of reviewing the action of a Board of Supervisors, is within the sound discretion of the Court, having due regard to public convenience.</p> <p>Certiorari Barred by the Lapse of a Tear.—Unless circumstances of an extraordinary character be shown to have intervened, the remedy through a writ of certiorari should be held to be barred by the lapse of one year.</p> <p>Expenditures of Public Money to be Considered.—The Board of Supervisors of Marin County made an order opening a highway, and, under the belief that the proceedings were final, considerable sums of the public moneys were expended in improving the road. Held, that parties injured by the road, who failed to complain for more than a year after the order was made, should be remitted to their ordinary remedies.</p>