People Ex Rel. Hamilton v. City of Santa Barbara

I dissent.

I readily agree, of course, that reasonable minds may differ with respect to the correct answer to the interesting and very important problem presented by this appeal. Nor do I hesitate to concede the persuasiveness of the arguments made in the opinion of my associates. However, my studies have led me to concur generally in a different view which is well expressed by the Attorney General in his opinion filed December 19, 1960, being Opinion No. 60-166, reported in volume 36 Opinions of the Attorney General of California at page 287, and discussed in the majority opinion herein. This…