Gately v. Leviston (1883) · DecisionDepot

Gately v. Leviston

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court May 8, 1883Published

Before: Sharpstein

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Holding. The board of supervisors lacks jurisdiction to order street grading work in the absence of a petition from property owners or a recommendation from the superintendent of streets.

Issues

Whether the board of supervisors acquires jurisdiction to order street grading without a property owner petition or superintendent recommendation.

Disposition. Reversed

Synopsis

Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial.

The facts are stated in the opinion of the court.

Sharpstein, J. Action upon a street assessment for grading the crossing of Broadway and Gough Streets. The record shows that the property owners upon whose petition the board [366]of supervisors is authorized to order that kind of work to be done did not petition to have it done, nor did the superintendent of streets recommend that it should be done. Without such a petition or recommendation the appellant contends that the board could not acquire jurisdiction to order the work done.Such is our understanding of the law. (Stats. 1871-72, § 4, p. 805; Dyer v. North, 44 Cal. 157; Dyer v. Miller, 58 Cal. 585.)

Judgment and order reversed.

Thorrtor, J., and Myrick, J., concurred.

Gately v. Leviston

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