Miller v. Board of Supervisors of Santa Clara County

California Supreme Court

Miller v. Board of Supervisors of Santa Clara County

390 P.2d 208, 61 Cal. 2d 885, 37 Cal. Rptr. 440, 1964 Cal. LEXIS 270

CourtCalifornia Supreme Court

DecidedMarch 19, 1964

DocketS. F. 21635

StatusPublished

Cited by5 cases

This text of 390 P.2d 208 (Miller v. Board of Supervisors of Santa Clara County) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Miller v. Board of Supervisors of Santa Clara County, 390 P.2d 208, 61 Cal. 2d 885, 37 Cal. Rptr. 440, 1964 Cal. LEXIS 270 (Cal. 1964).

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Opinion

THE COURT.

This is an appeal from a judgment for the respondent board and individual members of the Board of Supervisors of Santa Clara County in an action for a writ of mandate to compel the board to redistrict the supervisorial districts of the county, and for declaratory relief. Appellants are residents and qualified electors of the county and purport to act on behalf of themselves and all other similarly situated.

Although the instant matter comes to us on appeal rather than by original writ as in Henderson v. Superior Court, ante, page 883 [37 Cal.Rptr. 438, 390 P.2d 206], the contentions and issues presented are, for our present purposes, the same in all material respects as in that ease, and require the same disposition.

Accordingly, should the board fail to discharge its duty to properly redistrict the county (see Griffin v. Board of Supervisors, 60 Cal.2d 318 [33 Cal.Rptr. 101, 384 P.2d 421], and Griffin v. Board of Supervisors, 60 Cal.2d 751 [36 Cal.Rptr. 616, 388 P.2d 888]) by a date not later than January 15, 1965, this court shall hold further hearings and enter further orders as may be necessary or appropriate upon its own motion or the motion of any party, and we hereby retain jurisdiction for such purposes.

This decision is final forthwith.

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THE COURT.

This is an appeal from a judgment for the respondent board and individual members of the Board of Supervisors of Santa Clara County in an action for a writ of mandate to compel the board to redistrict the supervisorial districts of the county, and for declaratory relief. Appellants are residents and qualified electors of the county and purport to act on behalf of themselves and all other similarly situated.

Although the instant matter comes to us on appeal rather than by original writ as in Henderson v. Superior Court, ante, page 883 [37 Cal.Rptr. 438, 390 P.2d 206], the contentions and issues presented are, for our present purposes, the same in all material respects as in that ease, and require the same disposition.

Accordingly, should the board fail to discharge its duty to properly redistrict the county (see Griffin v. Board of Supervisors, 60 Cal.2d 318 [33 Cal.Rptr. 101, 384 P.2d 421], and Griffin v. Board of Supervisors, 60 Cal.2d 751 [36 Cal.Rptr. 616, 388 P.2d 888]) by a date not later than January 15, 1965, this court shall hold further hearings and enter further orders as may be necessary or appropriate upon its own motion or the motion of any party, and we hereby retain jurisdiction for such purposes.

This decision is final forthwith.

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Bluebook (online)

390 P.2d 208, 61 Cal. 2d 885, 37 Cal. Rptr. 440, 1964 Cal. LEXIS 270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-board-of-supervisors-of-santa-clara-county-cal-1964.

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