Allen v. Los Angeles

PRESTON, J.

This appeal involves another attack upon the proceeding taken under the Street Opening Act of 1903, supplemented by the Street Opening Bond Act of

1911

(Deering’s General Laws, Acts 8198 and 8199, p. 3309 et seq.), known as the Third Street improvement of the City of Los Angeles, California. It is the identical proceeding which was the subject of the appeal recently considered in the case of

Donovan

v.

City of Los Angeles et al.,

209 Cal. 552 [288 Pac. 1083]. An extended statement of facts is therefore unnecessary.

On September 1, 1925, the city initiated the proceeding by ordinance, which was approved on September 24th following. Notice of the ordinance of intention was duly published and protests against the improvement and the extent of the assessment district were invited. In response thereto plaintiff Allen made a protest reading as follows: “I hereby protest the assessment of my property for the opening and improvement of West Third Street as shown by your ordinance of intention No. 52725 on the grounds that it is a public benefit and should be paid for by the general public the same as the bridges over the Los Angeles River.”

The city, after due notice, then heard said protest and overruled the same. On December 31st thereafter the council passed a final ordinance ordering the performance of the work and directing the city attorney to commence condemnation proceedings against all owners of property necessary for the completion of the improvement. No portion of plaintiffs’ land was taken and hence they were not. made a party to the said condemnation proceedings, but the notice required by section 11 of said act (Deering’s General Laws 1923, Act 8198) was duly given. The condemnation suit went to judgment in due course, the interlocutory judgment having been entered on September 28, 1927. The amount of compensation and damages to property owners was thereby fixed at the sum of $2,428,156.81. To this outlay the city contributed, as stated in said ordinance of

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