(Download) "Santa Clara County V. Superior Court Of Santa Clara County" by Supreme Court Of California # eBook PDF Kindle ePub Free
eBook details
- Title: Santa Clara County V. Superior Court Of Santa Clara County
- Author : Supreme Court Of California
- Release Date : January 04, 1949
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
Petitioners seek a writ of prohibition to restrain the respondent court from proceeding further in connection with a "temporary restraining order and order to show cause" issued in an action commenced for the purpose of preventing the Board of Supervisors of Santa Clara County from certifying to the Legislature a proposed freeholders' charter adopted by the voters of that county. Respondents filed a demurrer and answer to the petition, but the material facts, for the purpose of this discussion, are not in dispute and their brief recital will suffice to present the problem at hand. It appears that in pursuance of section 7 1/2 of article XI of the Constitution, the Board of Supervisors of Santa Clara County made publication of the proposed charter prepared by the duly elected freeholders; that thereafter at the general election on November 2, 1948, a majority of the voters approved said charter; and that in consequence of such favorable vote, the board of supervisors proposed forthwith to submit the charter to the Legislature at the current session "for its approval or rejection as a whole." To prevent the taking of this final step in the prescribed proceedings, one Albert J. Levin, a taxpayer and voter in the county, filed an injunction action against petitioners in the respondent court. The complaint was premised upon the charge that the publication of the proposed charter was defective in the light of the constitutional requirements, and it therefore was not validly submitted to the voters at the general election for ratification. A "temporary restraining order and order to show cause" was thereupon issued. Petitioners demurred to the complaint in the respondent court, and then applied to this court for a writ of prohibition "commanding" respondents "to immediately cease and desist from any further proceedings" in the said injunction action "other than to dissolve [the] restraining order and . . . to discharge [the] order to show cause."
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