262 P. 334 | Cal. | 1927
This is an appeal from a judgment of the superior court of the county of Los Angeles directing a dismissal of this action after an order of the court sustaining the demurrer of the defendants to the plaintiff's amended complaint. The action was instituted by the plaintiff for the purpose of obtaining an injunction restraining the respondent, City of Burbank, a municipal corporation, and also its co-defendants, its board of trustees and other officers of said City, from the enforcement of certain ordinances *661 enacted by said City through its said officials, regulating the use of commercial vehicles upon certain streets and highways within the corporate limits of said City, and to have said ordinances declared illegal and void. The facts out of which said action arose are briefly these: The plaintiff and appellant is a corporation which has for many years been engaged in the business of mixing and manufacturing mortar, plaster, cement, and kindred products, and of supplying its customers with such products, and also of furnishing to them sand, gravel, and crushed rock from its quarries. For these purposes plaintiff maintains a mixing and manufacturing plant in the City of Los Angeles, and it also owns and operates certain quarries upon a leasehold interest in certain lands located in Stough Canyon, which lies to the eastward and contiguous to the City of Burbank. The appellant's quarries thus located are surrounded by steep hills, the only road leading to and from the same traversing said Stough Canyon and at the mouth thereof entering the limits of the City of Burbank on its northeasterly side. At the point of its said entry into the City of Burbank said roadway connects with and merges into a certain street or highway in said City officially named as Eleventh Street, but sometimes known as Sunset Canyon Drive, which street or drive leads into certain other streets within said City, including a street or avenue known as Cypress Avenue, which extends from Sunset Canyon Drive to the San Fernando road within said City. The plaintiff alleges that its only means of ingress to and egress from its said quarries, and its only means of travel therefrom whereby its trucks, drays, or other vehicles can convey the said, gravel, and crushed rock, the products of its said quarries, to its customers or to its mixing plant in the City of Los Angeles, is on and along the aforesaid streets, highways, and avenues of the City of Burbank in order to reach said San Fernando road. Plaintiff further alleges that commencing with August 21, 1923, and continuing at intervals thereafter down to April 7, 1925, the City of Burbank proceeded to enact a series of ordinances undertaking to regulate the weight and travel of commercial vehicles upon and along certain of its streets, and among these the streets or avenues above named, the effect of which ordinances, if valid, was to render unlawful the use and travel of commercial *662 vehicles carrying such products or loads as the plaintiff produces in its quarries, in excess of the weight, in some instances, of 6,000 pounds, and in others of 8,000 pounds, upon or along said designated streets. It further alleges that the City of Burbank is proceeding to enforce said ordinances through the arrest or threatened arrest of its agents and employees when engaged in transporting its said products in its trucks, drays, or other vehicles carrying loads in excess of the weights described in said ordinances, and that unless the City of Burbank and its officials are restrained from so doing the plaintiff will be forced to abandon and discontinue the use of its property and equipment located in Stough Canyon and its quarries and the transportation of the products thereof by its only means of ingress to and egress from its said properties. The plaintiff avers that said ordinances of the City of Burbank are void as in violation of the provisions of that certain act of the legislature known as the Motor Vehicle Act, as amended in 1923 (Stats. 1923, p. 517). The trial court sustained a general demurrer interposed by the defendants to the plaintiff's amended complaint, and upon the latter's failure to amend within the time allowed, made and entered its order and judgment dismissing said action.
The sole question presented upon this appeal is as to the validity of the aforesaid ordinances of the City of Burbank, in view of the action of the legislature in the adoption of the Motor Vehicle Act and of the content of said act in so far as it relates to the weight of motor vehicles in the course of their use and transport upon and along streets and highways within the limits of municipal corporations. It is the contention of the respondents that in so far as the state legislature has attempted by means of said Motor Vehicle Act to prohibit municipalities from the passage of laws regulating the weight of motor vehicles in the course of their use and transport upon and along the streets and highways of such municipalities, other than strictly state highways, the provisions of said act are unconstitutional as in violation of the provisions of article XI, section 11, of the state constitution. The theory of the respondents in making this contention is that the control of streets and highways for the purpose of regulating traffic thereon is a municipal affair.[1] That this contention is without merit has been *663
made clear by this court and also by the appellate court of this state in recent decisions, wherein it has been held that the regulation and control of travel and traffic along the public roads, streets, and highways of the state of California, if it ever was such, has ceased to be a matter of local concern. The leading recent case upon this subject is Ex parte Daniels,
It follows that the judgment of the trial court in dismissing this action must be and the same is reversed, and said court is directed to enter an order overruling the defendants demurrer to plaintiff's amended complaint.
Shenk, J., and Langdon, J., concurred.