Is there any case law where a member of the public has been allowed to enter the board room and substitute their judgment for that of the board?

California, United States of America


The following excerpt is from Henry George School of Social Science of San Diego v. San Diego Unified School Dist., 183 Cal.App.2d 82, 6 Cal.Rptr. 661 (Cal. App. 1960):

With this we cannot agree. The complaint unequivocally alleges that defendants deliberately and wilfully set a rate in excess of that permitted by statute. The rule in this regard is set forth in many cases in different language, but that announced in Nickerson v. San Bernardino County, 179 Cal. 518, 522, 177 P. 465, 467, is sufficient for discussing the matter here at hand: 'They cannot enter the board room and substitute their judgment for that of the board, nor interfere at all with its action unless the board is exceeding its legislative powers, or its judgment or discretion

Page 665

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