Whitley v. Islais Creek Reclamation District

[601]

LANGDON, J.

This is an action to review a reclamation district assessment. The Islais Creek Reclamation District, lying wholly within the boundaries of the city and county of San Francisco, was created by a special act of the legislature in 1925. (Stats. 1925, p. 87.) Under the provisions thereof, a proceeding

in rem

was commenced in the superior court of said city and county, wherein it was determined that the district was legally created and organized. This decision was affirmed on appeal.

(Islais Creek Reclamation Dist.

v.

All Persons,

200 Cal. 277 [252 Pac. 1043].) Subsequently, the trustees of the district submitted plans for reclamation work to the supervisors of the city and county, and a cost estimate of $1,620,152 was appended thereto. Commissioners were appointed to make the necessary assessment, and upon the filing of their report, a time was fixed for hearing objections. Plaintiff Whitley and others submitted objections, which were, after a hearing, overruled, and the assessment list approved. Under section 3462' of the Political Code, said plaintiff had thirty days in which to sue in the superior court to have the assessment “corrected, modified or annulled”. He commenced the action on July 27, 1928, within the period, seeking to declare the assessment “null and void and of no effect”. Judgment was rendered against him and he brought this appeal.

The written objection filed by plaintiff was on the ground that the assessment was inequitable and confiscatory. By virtue of section 3462 of the Political Code, he is limited to this objection, save that he may raise any others which

“go

to the jurisdiction and render the proceedings wholly void”.

(Meyer

v.

Reclamation Dist. No. 17,

172 Cal. 104 [155 Pac. 635, 637];