City of Plymouth v. Superior Court

Opinion

JANES, J.

The City of Plymouth (hereinafter “petitioner”) seeks a peremptory writ prohibiting respondent superior court from proceeding further with an action brought against petitioner by real parties in interest, who are property owners. Their suit against petitioner alleges that their property, which has been assessed to pay for municipal improvement bonds, will receive no benefit from said improvements.

After commencement of the property owners’ action and service of process upon petitioner, petitioner nevertheless issued and sold the bonds. This application for a writ of prohibition…