Fischer v. County of Shasta

299 P.2d 222, 46 Cal. 2d 771, 1956 Cal. LEXIS 229
California Supreme Court·Decided June 28, 1956·No. Sac. 6472·Published·Cited by 8 cases

Opinions

[773]*773McCOMB, J.

Plaintiff instituted an action in the superior court seeking (1) to enjoin defendant county and the board of supervisors from maintaining street lighting in Shasta County Road Maintenance District Number 1, and (2) to have declared illegal a contract between defendant county and defendant Pacific Gas and Electric Company providing for the furnishing of lights in certain unincorporated communities of Shasta County.

The superior court found in favor of plaintiff and granted the relief prayed for. From this judgment defendants appeal.

The record discloses the following facts: Three communities are involved, the town of Central Valley, Project City and Pine Grove. Pine Grove is a subdivision adjacent to Highway Number 99, while Project City is at the junction of Highway Number 99 and Highway Number 209, which latter highway extends to Shasta Dam. Central Valley constitutes a town on and adjacent to Highway Number 209 and is between Highway Number 99 and Shasta Dam but a short distance from Project City.

Because of the necessity of lighting these communities along the two state highways and the county highways leading thereto, street lights were installed by the Pacific Gas and Electric Company, hereinafter referred to as the “power company,” and were maintained by voluntary contributions for a considerable period before the creation of the maintenance district.

The voluntary financing was unsatisfactory and it was deemed necessary to continue the street and highway lighting of the above-mentioned communities. Therefore, defendant board of supervisors established the Shasta County Road Maintenance District Number 1 under the provisions of section 1550.1 of the Streets and Highways Code.

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Fischer v. County of Shasta, 299 P.2d 222, 46 Cal. 2d 771, 1956 Cal. LEXIS 229 (Cal. 1956).

299 P.2d 222 (Fischer v. County of Shasta) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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Fischer v. County of Shasta
299 P.2d 222 (California Supreme Court, 1956)