Resolution 02078RESOLUTION NO, 2078.
ORDERING ABANDONNMNT OF CERTAIN LITIGATION
WHEREAS, there is pending in the Superior Court of the State of California, in
and for the County of Alameda, a certain action entitled, "The Board of Public
Utilities Commissioners of the City of Alameda, and Edward Bowes; Eckley S. Cunning-
ham, Paul S. Newnan, Charles Y. Romanovitz and John M. O'Dea, as members of and
constituting said Board of Public Utilities Commissioners of the City of Alameda,
Plaintiffs, v. E. H. Rogers, as Building Inspector of the City of Alameda, Defendant",
being No. 138477 of the records and files of the Glerk of said Superior Court; and
WHEREAS, jud*ent in favor of the plaintiffs and against the defendant therein was
duly made and rendered in said action on May 7, 1936, which judgment was entered in
Judgment Book 282, at page 605, of the records of the County Clerk of Alameda County;
and
WHEREAS, the defendant in said action did, on May 12, 1936,,file notice of appeal
to the District Court of Appeal of the State of California, First Appellate District;
and
WHEREAS, the oonstruotion of the electric sub-station involved in said litigation
has been completed and no useful purpose can now be accomplished by further prosecuting
said appeal; and
WHEREAS, the prosecution of said appeal would necessitate the expenditure of
large sums of money for the preparation of the transcript, printing of briefs and fees
for special counsel, thereby resulting in the useless expenditure and waste of public
funds;
BE 1T RESOLVED by the Council of the City of Alameda, that the appeal heretofore
taken in said action be abandoned and withdrawn, and that the Building Inspector
of the City of Alameda and the City Attorney of the Gity of Alameda be, and each
of them is, hereby directed to withdraw and abandon said appeal forthwith, and to
execute and file in said action such stipulations or other documents as may be requir-
ed by law to effect such abandonment and withdrawal.
I, the undersigned, hereby certify that the foregoing Resolution was
duly and regularly introduced and adopted by the Council of the City of Alameda in
adjourned regular meeting assembled on the 1st day of September, 1936, by the follow-
ing vote, towit:
(4).
AYES: Councilmen Godfrey, Morris, Weichhart and Acting President Eschen,
NOES: None.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the offici
seal of said City this 2nd day of September, 1936.
(SEAL)
LOREME R. BEATIE
Deputy City Clerk of t he City of
Alameda.
* * * * * * * *
I hereby certify that the foregoing is a full, true and correct copy of
"Resolution Poi 2078, ORDERING ABANDONMENT OF CERTAIN LITIGATION", introduced and
adopted by the Council of the City of Alameda on September 1st, 1936.
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