Bauer-Schweitzer Malting Co. v. City & County of San Francisco

Opinion

McCOMB, J.

Plaintiff appeals from a judgment in favor of defendant in an action to recover personal property taxes paid by it under protest.

Following a grand jury investigation in 1965, Russell L. Wolden, the then Assessor of the City and County of San Francisco, was charged with criminal misconduct in office. Thereafter, four San Francisco taxpayers commenced a taxpayers’ suit seeking a writ of mandate to require official action with respect to the situation brought about by Wolden’s activities in office, as revealed by the grand jury investigation.

In the taxpayers’ suit, the superior…