Martin v. Wagner
Before: Belcher
Synopsis
Stheet Assessment—Trtaxgvíar Shaped Lot.—Under the street improve-' ment act of 1885, .as amended in 1891 (Stats. 1891, p. 196), a block •of land, in the form of a right-angled triangle, bounded by main streets, and which touches another street on which an improvement has been made only at the point of its acute angle, is properly assessed, under section 7, subdivision 3 of that act, for its part of the work done on the crossing formed by the intersection of the improved street with the intersecting street forming the base of the triangle, and, under section 7, subdivision 4 of that act, is also properly assessed for its portion of the work \done on the improved street opposite the termination of a street forming the hypotenuse of the triangle.
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BELCHER, C This is an action on a street assessment for work done and materials furnished in paving and improving El Dorado street, in the city of Stockton. The complaint sets out very fully all the facts necessary to constitute a cause of action, •and the only denials in the answer are: 1. That the total cost of the street improvement was assessed and apportioned upon all the lots and lands assessable and liable therefor; 2. That defendants, or either of them, own any property fronting on said work or improvement; and 3. That the land described in the complaint has any frontage upon said improvement.
The court below found in favor- of defendants upon all the issues raised and gave judgment accordingly, from which, within .sixty days after its rendition, the plaintiffs appealed.
The defendant, J. C. Wagner, was the owner of the east half of block 94, east of Center street, as known and designated on the official map of said city, and the following diagram of the block with its surrounding streets will serve to illustrate the situation:
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It was admitted that the said block has a frontage on Oak street, between El Dorado and Center streets, of three hundred feet, city measure.
There was an assessment upon the one hundred and fifty feet of the said block, fronting-on Oak street and owned by defendant, to pay a proportionate share of the expense of the improvement on the crossing of El Dorado and Oak streets; and there was another assessment, called “Opposite Termination” assessment, upon one hundred and sixty-seven and one-half feet of defendant’s said land fronting on Fremont street, the two assessments aggregating the sum sued for.
It will be observed that said block 94 is in the form of a right-angled triangle, and that it touches El Dorado street only at the point of an acute angle. Under these circumstances, the question, and the only one mooted, is, Was his land subject to assessment for any improvements made on the said street?
The street improvement act of 1885, as amended in 1891, (Stats. 1891, p. 196), contains the following provisions:
Section 7, subdivision 3: “The expense of the work done on main street crossings shall be assessed at a uniform rate per front foot of the quarter blocks and irregular blocks adjoining and cornering upon the crossings, and separately upon the whole of each lot or portion of a lot having any frontage in the said blocks
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