Cottle v. City of Los Angeles

THE COURT.

This action was brought to recover for damage to the property of plaintiffs caused by the construction and improvement of Riverside Drive and the changing of intersecting streets to meet the alterations caused therein by the building of Riverside Drive. The plaintiffs owned lots 1 and 2 in tract 2199 in the City of Los Angeles. The two lots formed a triangular parcel of land. Glen Eden Street ran

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along the southeasterly side of the property and Riverside Drive (now Riverside Terrace) ran along the westerly edge. Prior to the adoption of the ordinance of intention here involved, by condemnation proceedings, to which these plaintiffs were parties, receiving an award of $6,580 including severance damage of $2,950 for property taken from them, the city acquired a 100-foot strip on the northerly side of plaintiffs’ lots for the new location of Riverside Drive. Riverside Drive was constructed below the level of the lots, it being 11¼ feet below the northwesterly corner and 8 feet below the northeasterly corner. Riverside Terrace (old Riverside Drive) was raised above the level of plaintiffs ’ property, it being 13 feet above at the northwesterly corner and 6 feet above at the southwesterly corner. Apparently Glen Eden Street went from 6 feet above to 8 feet below. The plaintiffs, recovered a judgment for the damage caused by the cut and fill in the sum of $1100. The city has appealed from the judgment.

The contention of the appellant is twofold. First: It asserts that the respondents were given due notice of the intended work, and having failed to protest within the time required by law, waived any claim for damages. Second: It claims that because the plaintiffs filed their claim for damages with the city council instead of with the board of public works the plaintiffs are precluded from recovering in this action.

Considering these contentions in the order made, we first discover that by the ordinance of intention notice was given that Riverside Drive would “be improved by certain grading, by the construction of certain concrete pavement, cement curb, cement sidewalk”, etc. (mentioning other improvements not necessary to detail) and that “Gleneden street, between the easterly line of Riverside terrace and a line 155 feet northeasterly from and parallel with the northeasterly line of Riverside drive, be improved by certain grading”, etc. (here follow the other improvements), and Riverside Terrace was similarly described. In section two of the ordinance it is provided: “That all the work aforesaid shall be done in accordance with, and to the grade shown on special plans and profiles numbered P-1507, P-479, 23618 (six other numbers), P-1867, (fourteen other numbers) and standard plans numbered”, etc. Plans 23618 and P-1867 detail the work to