Allen v. Los Angeles

SHENK, J.,

Dissenting. — I dissent for the reasons expressed in my dissenting opinion in Johnson v. City of Los Angeles (L. A. No. 11800), post, p. 240 [291 Pac. 395]. The points therein discussed by me were made and argued at length in both cases and are entirely ignored in both of the majority opinions. I am not prepared to apply the theory of section 4% of article VI of the Constitution to a street proceeding before the city council. Such seems to be the trend of these decisions. The desirability of providing more adequate street facilities cannot alone justify overriding the rights of the…