Constantine v. City of Sunnyvale

In Constantine v. City of Sunnyvale (1949) 91 Cal.App.2d 278, an inverse condemnation action, the plaintiff alleged the city acted fraudulently by closing a portion of a street for the purpose of benefiting a company that had a facility abutting the street. (Id. at pp. 279-280.) Acknowledging that a street may not be vacated for exclusive private use, the Constantine court went on to observe, "if an abutting property owner is benefited by closing a street such order may be a mere incident if the controlling purpose was the convenience of the general public and, as in this case, their safety." (Id. at p. 282.)