Jenner v. City Council

In Jenner v. City Council (1958) 164 Cal.App.2d 490, a statute providing that "any land which in the judgment of the legislative body will not be benefited shall not be included in a special parking district," was found to provide adequate standards. The court went on to make observations particularly pertinent to the relatively detailed language of section 3063 as follows: "Further refinement of this criteria would serve no useful purpose for it too would be subject to the same argument that plaintiffs are now making unless it was so detailed as to restrict the exercise of any real judgment by the agency. This latter result would subvert the very purpose behind the delegation of authority, viz., leaving the determination to those who are acquainted with the individual and varying local conditions. Furthermore, what might be considered a benefit in one case could well be a detriment in another, and this fact militates against the fixing of any rigid standard." (Id., at p. 499.) Section 3063 requires the Board to "take into consideration the existing circumstances, including, but not limited to:" five specific areas of inquiry. The factors are detailed and comprehensive; if they were any more specific, they would be subject to criticism as being ". . . so detailed as to restrict the exercise of any real judgment by the local authorities." ( Jenner, supra, at p. 499.)