La Mesa, Lemon Grove & Spring Vally Irrigation District v. Superior Court

CONREY, P. J.

Application for alternative writ of prohibition.

By the petition, it appears that there is pending an action commenced by the city of San Diego against petitioners in the Superior Court of San Diego County, which action on change of venue was transferred to respondent Superior Court of the county of Orange. Said action is to be tried on June 15, 1925, and, unless prevented by the issuance of an alternative writ of prohibition herein, respondent will proceed with the trial thereof. Petitioners have stated several grounds upon which they claim that respondent court is without jurisdiction to hear or determine said action.

Concerning the claim that there is such want of jurisdiction because the city of San Diego is not following the constitutional or statutory procedure for eminent domain, the specifications relating to those defects or errors of procedure raise questions relating, to the sufficiency of the complaint in the action. We think, however, that they do not affect the jurisdiction of respondent court to determine the questions thus presented.

[92]

Petitioners say that there is a want of jurisdiction because the provisions of section 1241 of the Code of Civil Procedure, authorizing a city by ordinance to determine certain jurisdictional facts in eminent domain, are unconstitutional. Said section 1241 provides that where the legislative body of the city shall have found and determined by resolution or ordinance that certain facts exist, such resolution or ordinance shall be conclusive evidence of the existence of certain conditions which are necessary in the exercise of the, power of eminent domain. The point- suggested by petitioners is that said section violates the constitutional provisions that all laws of a general nature shall have a uniform operation, and that the legislature shall not pass local or special laws in cases where a general law can be made applicable, because said section provides for the determination of certain facts by the legislative body of

“a

county, city and county, or an incorporated city or town,” but does not give like authority to irrigation districts and other public bodies vested with the right to maintain proceedings in eminent domain. Even if it should be held that, for the reasons suggested by petitioners, the conclusive evidence clause of said section is unconstitutional, such conclusion would not affect the jurisdiction of the court in the action.