Allis-Chalmers Corp. v. City of Oxnard

Plaintiff appeals from summary judgment entered in favor of defendant City of Oxnard in plaintiff’s action for declaratory relief and to enjoin the issuance of bonds for unpaid assessments for municipal improvements.

The complaint’s first cause of action, for declaratory relief, alleged: On October 24, 1978, the city council adopted resolution of intention No. 7487 declaring its intention to order the construction of certain works of improvement pursuant to the Municipal Improvement Act of 1913 (Sts. & Hy. Code, § 10000 et seq.), describing the district to be benefited by said improvements and to be assessed to pay the costs thereof, and determining and declaring that bonds would be issued for unpaid assessments. Plaintiff is the owner of real property within the assessment district. On December 5, 1978, the city council adopted resolution No. 7529 confirming the assessment, ordering the improvements and approving the engineer’s report for the assessment district. On December 6, an assessment in the amount of $40,687 became due and payable by plaintiff. On December 7, 1978, the city sent a written statement of assessment to plaintiff providing in part: Payment of the…