City of Berkeley v. Gordon

Plaintiff, the City of Berkeley, appeals from a judgment denying it a mandatory injunction sought by it against defendants to compel removal, at defendants' expense, of a portion of a basement that extends under a public street and that interferes with a proposed reconstruction and beautification project under way in that street.

The Record

The facts are undisputed. University Avenue is a public street in the City of Berkeley running in an east-west direction, is of great importance and is constantly used by numerous vehicles and pedestrians. Defendants Gordon, Bell, and Merritt are the owners…