Millsap v. Balfour

SLOSS, J.

Aetion to foreclose assessment lien for street work. Defendant had judgment upon the sustaining of his demurrer to the complaint. Plaintiff appeals.

The board of trustees of the city of Woodland authorized the construction of a concrete cement sidewalk along the south side of Clover Street in said city, “excepting such portions thereof where concrete cement sidewalks have already been constructed and accepted.” A contract was duly let, and the work done. The assessment on which this action is based assessed the cost of the work upon the lots fronting on both sides of Clover Street. The defendant is the owner of a lot

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fronting on the north side of the street, and the sole question presented is whether a lot situated on one side of the street may be assessed for the cost of constructing sidewalks along the opposite side.

The question must be decided upon a consideration of the terms of the act of March 18, 1885, commonly known as the Vrooman Act. (Stats. 1885, p. 147.) Section 771 of the Municipal Incorporation Act (Stats, of 1883, p. (93) 256, provides a method of assessing upon adjoining property the cost of street improvements in cities of the fifth class (which includes Woodland), but this section must be regarded as repealed in so far as it is inconsistent with the later provisions of the Vrooman Act.

(Thomason

v.

Ashworth,

73 Cal. 73, [14 Pac. 615];

City Improvement Co.

v.

Broderick,

125 Cal. 139, [57 Pac. 776].)

By section 2 of the act of March 18, 1885, the city council is authorized to order certain street work to be done. The construction of sidewalks is included in the classes of work enumerated. Subdivision 1 of section 7 provides that “the expenses incurred for any work authorized by this act . . . shall be assessed upon the lots and lands fronting thereon, except as hereinafter specifically provided . . .” Then follow several subdivisions providing other methods of assessment for various cases, none of which covers the present situation.