Opinion 1981 Pt.2

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Board of Public Works (1908) 7 Cal.App. 760, 762, involved an ordinance requiring, as a condition to issuance of a livery stable permit, consent of property owners within 200 feet of the proposed stable. This was declared void "... because it vests in private individuals the arbitrary power to determine whether the owner of real property may use it in the pursuit of a lawful occupation. " These cases are, of course, factually distinguishable from the situation posed by your question. They invol...ved private land use, rather than public streets, and unregulated power vested in private parties, rather than power subject to reasonable standards. However, even if standards are established for the approval or disapproval of street use permits, the attempt to vest such judgment and discretion in private parties would be an unauthorized surrender of the police power. The case of McNeil V. City of South Pasadena (1913) 166 Cal. 153 directly involved the question of a city's power over its streets and its inability to surrender that power to private parties.

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