Johnson v. Los Angeles

PRESTON, J.

This appeal involves the validity of a street assessment in proceedings taken under the Street Opening Act of 1903, supplemented by the Street Opening Bond Act of 1922 (Deering’s General Laws 1923, Acts

[241]

8198 and 8199, p. 3309 et seq.), known as the "Third Street project,” in the City of Los Angeles, California. The case is a companion case to

Allen

v.

City of Los Angeles

(L. A. No. 11866),

ante,

p. 235 [291 Pac. 393]. The facts are the same, with the exception that appellant Johnson neither protested the district, the improvement nor the assessment. The cases are presented on the same record and the same briefs. The questions involved in the Allen case are also involved here and on reconsideration we adhere to the views we have there announced.

Here, however, appellant Johnson urges an additional contention growing out of the following facts: Pursuant to section 18 of said act (Leering’s General Laws 1923, Act 8198), the board of public works completed a proposed assessment upon the property of said district and lodged it with the clerk of the council on June 20, 1928. On June 25th thereafter, thirty days’ notice was initiated by publication, inviting objections to said assessment and the last day for filing same expired on July 25, 1928. One hundred and forty-seven objections were filed and presented to the council on said last-mentioned date. The council heard these objections in groups with regular adjournments, some on July 27th, some on September 11th and the balance, save one, on November 9, 1928. As each group of objections was heard, a vote of the council was taken and in each case all objections were denied. On November 9th, while one objection remained for consideration, the street assessment committee of said council recommended a modification of said assessment by the increase of some fifty-nine assessments and the decrease of some thirty-four assessments. Thereafter, and on November 14, 1928, the last objection was sustained and following said order the council promulgated a resolution reciting the steps that had been taken, the protests that had been made the rulings thereon, and concluded its declaration with this statement: "Whereas, after full and careful consideration and deliberation upon all the matters aforesaid, this council is of the opinion that the said assessment prepared and filed by the board of public works should be modified and corrected and when so modified and corrected will, in the judgment of this council, fully meet all those portions of said objections and protests which contain merit: ...” and thereupon confirmed the said assessment