The San Francisco call., 1898-06-03
P0TRER0 AVENUE
 EXTENSION OPINION.
THE LEGAL STATUS DEFINED BY THE COUNTY ATTORNEY.
Property Owners Along the Proposed Line Will Now Be Able to See
 Their Way Clear.

The great anxiety of the property own CTS on the line of Potrero avenue from Ninth street to the county line over the extension of that thoroughfare, which project has been in a cloudy condition for the last eight years, has at last been re- lieved by light thrown on it's legal status by the City and County Attorney.
 The opinion was filed with the super visors at the request of the property owners
 The following is the opinion of the City and County Attorney:
 SAN FRANCISCO, June 2, 1sss
 To the Board of Supervisors: l am in re- esipt or resoution NC; 1Up5 {fourth sertes) of trero avenue has not been opened. and the condition of the law respecting the same"
 This inquiry of the board contains two ques- tions each of which will answer separately.
 First-Why Potrero avenue has not been
 Answer-on November S. 1884, the board pass ed resolution of intention, No 594S (third ser Potrero avenue from New Channel street to Ninth street and from Twentyfifth street to under the provisions of the street opening act of March 6, 1889 (Stats. 1sS9 p. 7O). After proper publication and notice in accordance with the provisions of that act order No 24sS of the board was passed ordering this avenue opened and extended in accordance Among other matters this order In section l thereof provided ''The said avenue and streets as extended embracing all the land in cluded in the boundaries hereinafter described Is hereby condemned. appropriated. acquired,
 This provision of order .i No. 24ss Se is identical with the provision contained in order No 23l9 declaring Market street from Seventeenth and Castro to the Pacific Ocean an open public street. The provision in order No 23l9 was passed upon by the Supreme Court of Califor- Cal l5. The court held that the order of the Board of Supervisors of the City and County tend Market street to the ocean, and decIarine that all the land within it's exterior bounda- propriated, acquired, set apart and taken for public use," Is judicial in its nature in so far as 1t purports to condemn the land described, and to that extent is in excess of the jurisdic- tion of the board. The proceedings to open and extend Market street were therefore de
 Inasmuch as order No. 2493 for the opening and extension of Potrero avenue contains the same provision as order No. 2319 for the open ing and extension of Market street, 1t follows that order 24s3 and all proceedings taken there under. are likewise null and void.
 A comprehensive history of other proceedinps for the opening of Potrero avenue. consisting of twenty-four pages of printed matter, pre- pared by John A. Russell Esq. with admirable clearness and accuracy, can be found in the appendix to the municipal reports of 1S94-5 This history shows the beginning and ending of various attempts by the board to open Potrero avenue from the southerly line off Serpentine avenue to the northerly line of Army street.
 Second-what is the condition of the law re- specting the same?
 Answer-P Proceedings for the extension of Potrero avenue taken under the pro- visions of the act of March 23. 1893. This act was confined in it's operation to municipalities of 40 900 inhabitants and over was special legislation and therefore unconstitutional and the proceedings had hereunder for the open ing of Potrero avenue were, in the case of Helen A. Landers vs: Board of Supervisors ct al., held to be illegal and void. (See opinion of attorney and counselor of the board dated September 13, 1Ss5.)
 By the terms of this act of the Legislature it Is made applicable only to 'any municipaI Ifty or city and cities and counties containing over manifeStly it tl,a intent of the Legislature that 1t should, in such political subdivisions, supersede the street opening act of 1882 This intent empha- sized by clauses therein specially relieving from the operation of the act of 1889 all munici- palities containing 40 900 inhabitants or over.
 The act of 1889 being unaffected by the pro-