Donovan v. City of Los Angeles

PRESTON, J.

We feel that the questions raised in this case are all thoroughly settled in opposition to the contentions of appellant and that but little discussion is required in disposing of this appeal.

Plaintiff, the owner of an interest in property situated at 1929 Ocean Yiew Avenue, Los Angeles, sues defendant city and the other defendants as members of the city council and

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board of public works thereof, respectively, for the purpose of enjoining the collection of a certain street assessment initiated, promulgated and levied under the Street Opening Act of 1903, supplemented by the Street Opening Bond Act of 1911 (Deering’s Gen. Laws, Acts 8198 and 8199, p. 3309 et seq.), to improve Third Street in said city. The ordinance of intention was duly passed on September 1 and approved on September 4, 1925. Theretofore, and on August 27, 1925, the city had approved and adopted a map, numbered A-3244, showing the land to be taken and the assessment district to be formed for the improvement contemplated by the said ordinance of intention above referred to. The ordinance provided that $164,033 be paid toward the expense of said improvement out of the treasury of the City of Los Angeles.

Notice of the ordinance was duly published and notice of the public improvement was also posted and published. This passage of the ordinance and the publication of notice thereof has been held sufficient to confer jurisdiction upon the city authorities to proceed with the improvement contemplated. (O.

T. Johnson Corp.

v.

City of Los Angeles,

198 Cal. 308 [245 Pac. 164].)

In this case it may be noted that the fact that a portion of the expense was to be defrayed from the city treasury did not foreclose the city from providing that the remaining cost of said improvement be assessed against the property of the local district benefited thereby as determined by it.

(Frank

v.

Maguire,