Rathbun v. City of Salinas

Opinion

DEVINE, P. J.

Plaintiff appeals from the judgment of dismissal which followed sustaining of a demurrer to his first amended complaint. Permission to amend was granted, but plaintiff declined and stands on his pleading. The action is a taxpayer’s suit by which plaintiff seeks to have the City of Salinas and other defendants, officers of the municipality, enjoined from use of certain real property as anything other than a public parking lot, and enjoined from taking further action under a certain proposed lease. A declaratory judgment is sought which would declare the proposed lease to be…