Does the Court of Appeal have jurisdiction to determine whether a plaintiff has a fundamental right to sue the city council?
California, United States of America
The following excerpt is from Guardians of Turlock's Integrity v. Turlock City Council, 149 Cal.App.3d 584, 197 Cal.Rptr. 303 (Cal. App. 1983):
Plaintiffs contend that the trial court should have applied its independent judgment, since their fundamental, vested rights were involved. The law is otherwise. (Markley v. City Council (1982) 131 Cal.App.3d 656, 665-667, 182 Cal.Rptr. 659.)
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