Pepper v. Neiman

THE COURT.

This is a suit to quiet plaintiff’s title to three lots in the city of Los Angeles fronting on Flower street. The defendant in his answer claims a lien upon each lot—upon two for the sum of $75.29 each, and upon the other for the sum of $80.61—under a street assessment for the cost of the improvement of a portion of Flower street. The answer sets up

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all the proceedings required by the street improvement act; and in a cross-complaint repeating these allegations, the defendant seeks to foreclose his liens.

It is stipulated and found by the court that all the proceedings for the improvement of the street and assessment of the lots were regular, except the posting of the notices of the contemplated work or improvement on the ground; as to which it is stipulated and found: That the length of the portion of the street improved is four thousand five hundred and eighty-three feet, and the width of the street between curb'lines fifty-six feet; that the number of notices posted was fifty-two in all; and, that they were posted alternately on the east and west sides of the street. It appears, therefore, from the stipulation and findings that the distance between the notices, measured diagonally across the street, is something over a hundred feet, though less if measured longitudinally with the street; and on this ground the court held the assessment to be void.

The resolution of intention in the present case is entitled: “An Ordinance of the Mayor and Council of the City of Los Angeles, declaring their intention to improve a portion of Flower street, and determining that bonds shall be issued to represent the cost thereof.” In the first section it is provided: “That it is the intention of the City Council of the

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City of Los Angeles to order the following work to be done, to wit:

‘ ‘ 1st. That a cement curb be constructed along each line of the roadway of said Flower street from the southerly curb line of Sixth street to the northerly curb of Pico street (excepting along such portions of the line of said roadway upon which a cement or granite curb has already been constructed to the official line and grade), etc. 2nd. That a cement sidewalk six feet in width be constructed along each side of said Flower street, etc. 3rd. That a cement gutter be constructed along each side of said Flower street,” etc.