(DOWNLOAD) "Brown v. Superior Court of Mendocino County" by Supreme Court Of California " Book PDF Kindle ePub Free
eBook details
- Title: Brown v. Superior Court of Mendocino County
- Author : Supreme Court Of California
- Release Date : January 21, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Plaintiff, the duly elected incumbent judge of the Justice Court of the Tracy Judicial District, commenced this proceeding for extraordinary relief, alleging that legislation enabling the creation of a municipal court in the Tracy Judicial District is unconstitutional in its form and effect and that the county ordinance implementing the legislation must be submitted to a referendum vote of the electorate. The superior court granted the motion of the defendant San Joaquin County Board of Supervisors ("Board") for judgment on the pleadings. Plaintiffs appeal therefrom was briefed and argued before us and a written opinion was filed on April 30, 1975, disposing of the case. In that decision, we upheld plaintiffs contention that the enabling legislation was unconstitutional, but rejected his claims that he was by virtue thereof unconstitutionally deprived of his judicial office and that a referendum was required. On May 29, 1975, on petition of the Board, we granted a rehearing (Cal. Rules of Court, rule 27), thereby vacating our original opinion. On November 6, 1975, the Board moved to dismiss the appeal, basing its motion on the intervening repeal of the enabling statute, its replacement by new legislation and the amendment of the implementing ordinance. We agree with the Board that intervening legislative developments have rendered the appeal moot. Accordingly, we shall dispose of the appeal without reaching the merits.