Vanderhurst v. Tholcke

Citations

• 113 Cal. 147
• 45 P. 266
• 1896 Cal. LEXIS 757

Syllabus

<p>Municipal Corporations—Control or Sidewalks—Removal or Shade Trees — Nuisance—Conclusive Determination or Council—Evidence.—The common council of a municipal corporation, under a charter giving it the general care, custody, and control of streets, etc., and to define, prevent, and remove nuisances, has power to cause the removal of shade trees which have been growing in the sidewalk of a public street, and their determination that such trees constitute an obstruction to the street which may be removed as a nuisance is not open to review by the courts, where there is no clear abuse of discretion, nor is evidence admissible to show that the trees are not an obstruction.</p> <p>Ed.—Degree or Obstruction not Material.—It is not essential to the power of the council to remove the shade trees that they should completely obstruct the walk; but the public is entitled to the free and unobstructed use of the entire street and sidewalk; and the degree of obstruction requiring removal of the trees is a question for the city to determine in the absence of an abuse of discretion.</p> <p>Id.—Form or Order for Removal—Ordinance.—The mere form of an order declaring the trees a nuisance, and directing the superintendent of streets to remove them, is not material, nor is an ordinance required for that purpose.</p>