Gianni

This is an appeal by defendant city of San Diego from a judgment against it in favor of plaintiffs on account of damages alleged to have resulted from a change in the officially established grade of a public street, to a new and different grade in front of plaintiffs’ residence property, in constructing a street improvement.

Facts

In general substance, the facts shown by the record before us are as follows: Plaintiffs are the owners of a residence lot with a frontage of 100 feet on 50th Street in the city of San Diego. The property has no vehicular access to any other street, and is improved with a residence and private garage. The garage is constructed immediately adjacent to the line dividing the official street right-of-way from plaintiffs’ property. The buildings were constructed about 1952, and plaintiffs acquired the property about 1954. Plaintiffs, in their complaint, alleged, and the court found it to be true, “That the official grade on said 50th Street between University Avenue and Wightman Street was established by the Council of the City of San Diego, By City Ordinance No. 12025 adopted in 1928. That said City Ordinance has never been repealed, and that at all times…