Gray v. City of Los Angeles

PBESTON, J.—

The judgment is affirmed.

It is difficult to find in this record matters of sufficient importance to warrant discussion. The suit is brought by a number of property owners against the City of Los Angeles and certain of its officers to enjoin the collection of an assessment levied in a street proceeding. The attack is general and desultory. The council of the city is carrying out a comprehensive improvement known as the Hollywood Five-Finger Plan under the Street Opening Act of 1903, supplemented by the Street Opening Act of 1911 (Deering’s Gen. Laws, Acts 8198, 8199, p. 3309 et seq.), which involves the widening of Cahuenga Avenue, betunen Highland Avenue and Hollywood Boulevard and from Hollywood Boulevard southward the opening and widening of several streets, all having for its object the accommodation of traffic along said first-mentioned avenue from the San Fernando Valley to the business centers of Hollywood and Los Angeles.

No complaint is made of the proceedings on their face, which are in substance as follows: An ordinance of intention containing a description of the improvement, the boundaries of the assessment district and all the other elements required by law was passed by unanimous vote of the city council on November 6, 1925, approved by the mayor and published as required by law with the insertion therein of a declaration that the city itself would pay $148,708 toward said improvement. Thirty days were allowed for the filing of written protests against said improvement and said district, and the owners of some 3.7 per cent of the property fronting on said streets sought to be improved and within the assessment district filed

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protests, which were heard and denied on January 27, 1926. Thereafter and on February 17th, Ordinance No. 54065 was passed ordering the said work and directing the city attornew to bring an action in the Superior Court for the condemnation of the real property described in the ordinance of intention and required for the construction of the contemplated improvement.

Thereafter and on August 6, 1926, an action was filed for the condemnation of said lands. Thereafter an interlocutory judgment was entered awarding the owners of the lands to be taken $4,044,961.05, in addition to which there were incurred expenses of condemnation amounting to $117,179.20, making a total sum of $4,162,140.25. Deducting from this sum said above mentioned sum of $148,708, left the sum of $4,013,432.25 to be assessed upon said property within the said district described in said ordinance.