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[DOWNLOAD] "Corona Unified Hospital District V. Superior Court Of Riverside County" by Supreme Court Of California # eBook PDF Kindle ePub Free

Corona Unified Hospital District V. Superior Court Of Riverside County

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eBook details

  • Title: Corona Unified Hospital District V. Superior Court Of Riverside County
  • Author : Supreme Court Of California
  • Release Date : January 22, 1964
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 79 KB

Description

By this proceeding in prohibition the Corona Unified Hospital District (hereinafter   called the district) and the Corona Unified Hospital District Leasing Company (hereinafter called the leasing company) seek to restrain the Riverside Superior Court from taking any further steps in a taxpayer's action challenging the validity of a statute authorizing use of the "lease-back" method of financing public hospital construction in certain limited situations. As will appear, we have concluded that (1) the sole ground of the underlying superior court action (i.e., alleged unconstitutionality of Health & Saf. Code, § 32221, par. 2, quoted hereinafter) is unmeritorious; (2) the subject action appears to have been instituted for the purpose of defeating the consummation of a valid community project for the construction of a public hospital; and (3) the mere pendency of the action will have that effect, for even though the district and the leasing company have prevailed on demurrer, the normal delays incident to an appeal will cause the financing arrangements -- and hence the entire project -- to fail. In these circumstances, relief by way of prohibition is necessary to prevent the frustration of a remedial statutory purpose and the defeat of a valid project for public health and safety.


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