City of Los Angeles v. Ford

THE COURT.

The appeal in this action which was determined by the District Court of Appeal, Second Appellate District, Division Two, was ordered to be heard in this court in order that more careful consideration thereafter might be afforded than was practicable at and preceding the date upon which such hearing was granted. Following an examination of the points of law as they have been presented in the several briefs of the respective parties, it has been determined that the decision that was rendered thereon by the said District Court of Appeal correctly represents the conclusion that has been reached by this court with respect to the issues that have been submitted herein. Accordingly, it is ordered that the opinion that was written by Mr. Justice Wood, of said District Court of Appeal be, and it is adopted as the opinion and decision of this court. It is as follows:

“The City of Los Angeles filed a petition in the Superior Court for a writ of mandate directing respondents, members

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of the Board of Supervisors of Los Angeles County, to cancel certain taxes and assessments against parcels of real estate under the ownership of petitioner. The cause was submitted upon the pleadings and a stipulated statement of facts and judgment went for respondents, from which petitioner appeals.

“Petitioner acquired the land designated on the map appearing in the transcript as parcel B, between Alameda street and Santa Fe avenue, for the purpose of continuing Washington boulevard easterly from Alameda street at the same width as parcel B. The grade of this land is far below that of Alameda street, Santa Fe avenue and Washington boulevard at its intersection with Alameda street, and it is impracticable to construct this continuation of Washington boulevard without raising the grade a considerable distance above the present grade of parcel B and also of the land designated as parcels A and C. At the time the land was acquired by the city it was the city’s intention to contruct the street on a bridge or viaduct but the city was forced to abandon this original plan because of its excessive cost. In order to carry out the proposed continuation of Washington boulevard without the necessity of constructing a bridge or viaduct a fill is intended to be made and in order to do so it was necessary to acquire property on either side of parcel B in order to support the fill, and the land designated as parcels A and C was acquired by the city for that purpose. In order to afford a route for public travel between Alameda street and Santa Fe avenue until such time as Washington boulevard may be improved to the desired grade and opened for public travel between Alameda street and Santa Fe avenue and slope rights for the fill are no longer needed, the land designated as parcel D was acquired by the city. The title to parcels A, C and D, was acquired by the petitioner by a deed which contained a provision that title should revert to the grantors when the parcels of land designated as A, C and D should be uniformly filled and the total area brought to the established grade of Washington boulevard and further that parcel D should revert when parcel B was improved for use as a highway and actually opened for travel. The city acquired the three parcels mentioned in the deed on April 12, 1935, at which time the taxes for the years 1931-1932, 1932-1933,