City of Sierra Madre v. Superior Court

NOURSE, J. pro tem.

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The city of Sierra Madre, a municieal corporation of the sixth class, petitions for a writ of prohibition to prevent respondent court from proceeding under the first cause of action set forth in a complaint filed by real parties in interest, Prescott Building Company, a corporation and Gigantic Building Company, a corporation, whereby they sought, in the name of the petitioner here to condemn certain real property situate within the boundaries of the city of Sierra Madre.

By said first cause of action they sought in the name of the city, a judgment of condemnation of the subject real property for purposes of use as a public road or street. It is admitted that the city of Sierra Madre has not expressly authorized an action to be commenced for the taking of the subject property for any purpose.

1

[589]

Real parties in interest are the owners of certain real property contiguous to the property sought to be condemned and have sought to subdivide this property and to procure approval by the planning commission and city council of Sierra Madre to their plans for said subdivision. The planning commission and the city council have given their approval of the subdivision upon certain conditions, among these being that the property which real parties in interest seek to condemn be acquired by them and dedicated to the city as a public road. The planning commission, in its resolution giving its conditional approval to the tentative map of the subdivision, stated as one of the conditions to be met by the subdividers: “(D) That the 50 ft. private street south of the tract be acquired by the subdivider through any means permitted by law, and the full width be dedicated to the public and improved with surfacing, curbs and gutters according to City specifications and subject to the drainage requirements above set forth; ...” Upon the findings and recommendations of the planning commission coming before the city council, the representative of real parties in interest stated to the council that the conditions attached by the planning commission were acceptable to the subdividers; that the subdividers would dedicate and improve the off-site improvements including the private portion of Toyon Road (it is this private road that is sought to be condemned) as a public street and would negotiate in good faith with the property owners for the acquisition of the property. The council then adopted a resolution reading in part as follows: “That base