Symons v. City & County of San Francisco

Citations

• 115 Cal. 555
• 47 P. 453
• 1897 Cal. LEXIS 475

Syllabus

<p>Order Vacating Streets — Certiorari — Petition by Nonabutting Owners—Absence of Special Injury.—An order of the board of supervisors declaring certain streets to be closed, will not be reviewed or annulled by the court upon certiorari, as being in excess of jurisdiction» upon petition of property owners and taxpayers, whose premises do. not abut upon the streets proposed to be closed, and who, by the closing of the streets, are not deprived of access to their lands, and do not suffer injury special to themselves, but only such detriment and inconvenience as they bear in common with the community at large.</p> <p>Id.—Lands Remotely Affected — Diminution of Value not Considered,—Owners of lands who are only remotely affected by the proceeding for the closing of streets, and who sustain no special injury different from that sustained by others in that vicinity, are not authorized to call upon the officers of the city to justify their acts, or to invoke the judgment of the court upon the legality of the steps taken by the municipality in passing the order; and whether the order will have the effect to diminish the value of the plaintiffs’ land, or to cause them damage, is not a ground for annulling the order, and cannot be considered upon certiorari.</p> <p>Id.—Public Interest and Convenience—Determination of Supervisors Conclusive.—The legislature having conferred upon the board of supervisors the power to open and close streets ‘‘ whenever the public interest or convenience may require,” the determination by that board of the question whether the public interest and convenience requires that streets be closed, is conclusive, and not open to review by the courts.</p>