Legal Opinion · Dissent

Ayres v. City Council of Los Angeles

California Supreme Court

Decided June 14, 1949No. L. A. 20673Published

1DissentCarter, J.

I dissent.

Inasmuch as it has been concluded by the majority that the conditions here involved were validly imposed under the police power, it becomes necessary to discuss appellant’s contention that the conditions imposed (with the exception of condition No. 3) constitute an exercise of the power of eminent domain disguised as the police power.

First, I would like to point out that the proposed projection of Seventy-ninth Street (which would leave an isolated tip or triangle on the proposed subdivision) has been abandoned. It is this triangle which it is proposed that appellant dedicate for…

2Cases cited25 opinions

  1. Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
  2. People v. RicciardiCalifornia Supreme Court · 1943
  3. Bacich v. Board of ControlCalifornia Supreme Court · 1943
  4. Pacific Telephone Etc. Co. v. EshlemanCalifornia Supreme Court · 1913
  5. Archer v. City of Los AngelesCalifornia Supreme Court · 1941

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