Brenkwitz v. City of Santa Cruz

A petition for writ of prohibition was dismissed by the superior court on the ground that plaintiffs had not exhausted the administrative remedies available to them and that therefore the court was without jurisdiction to proceed. Plaintiffs appeal from the judgment of dismissal.

Plaintiffs’ property had been assessed by the City of Santa Cruz for the purpose of opening certain streets, but the assessment had been declared void by the city council and by summary judgment of the superior court, when the court was informed of the city’s action, in an earlier proceeding. But the court had…