Stoner v. City Council of Los Angeles

SHAW, J.

This proceeding was instituted in the superior court of Los Angeles county to obtain a writ of review directed to the city council of the city of Los Angeles.

The controversy grows out of the opening of Grand avenue from Temple street to California street, the proceedings for the opening of which were had and taken under the street opening act of 1903. (Stats. 1903, p. 376.) It appears from the verified petition that appellants are the owners of lots and lands located within the district established by said council as being benefited by the opening of said street, and upon which the cost of such opening was apportioned by an assessment duly made upon the parcels of land located within the boundaries thereof. The assessment and diagram were filed with the city clerk, who thereupon gave notice of such filing by publication for a period of ten days, the first publication of said notice being made on the eighteenth day of October, 1907. On November 15, 1907, and within thirty days after the first publication of said notice appellants filed objections to said assessment. It appears from said petition that no action was taken by said council upon these objections until Monday, December 23, 1907, at which time, as shown by the minutes of the proceedings of the city council as set forth in the petition, the “petitions, protests and communications were received and referred to their appropriate committees, to wit: . . . No. 1224 from the Estate of T. D. Garvin, et al., protest

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against the assessment for the opening of Grand avenue between Temple street and California street. Set for hearing January 6th, 1908, at 11 a. m., and in the meantime referred to the city engineer for report as to frontage, and the clerk instructed to give notice in the manner required by law.” On January 6, 1908, as shown by the minutes of the proceedings set forth in the petition, the engineer made his report to the effect that the protestants did not represent a majority of the frontage in said district, and, according to the minute entry of said proceedings, “the matter of the hearing of protests Nos. 1224 and 1229, Estate of T. D. Garvin and S. A. Waldron, et al., protesting against the opening of Grand avenue from Temple street to California street, coming on regularly at this time as a special hearing, the same was taken up, and Mr. Healey moved, seconded by Mr. Clampitt, that the report of the city engineer be adopted and that the protests be denied and the assessment and diagram presented by the Board of Public Works be confirmed and adopted”; which motion was adopted by a full vote. ■ No notice of the time when said objection would be heard was served on the objectors.