Midwick Country Club v. County of Los Angeles

Plaintiff brought this action to recover taxes paid to defendant under protest which taxes were levied for the benefit of the Belvedere Fire Protection District organized under Statutes 1923, chapter 191. Judgment was entered in favor of defendant and from said judgment, plaintiff appeals.

Plaintiff states that the gist of the complaint is to the effect “that no benefit is or could be derived by the inclusion of its property in the Belvedere Fire Protection District”. The main allegation on this subject was as follows: “That plaintiff further alleges that the lands, and improvements thereon, of this plaintiff . . . were so far removed and distant from the section or country known as Belvedere and so isolated that this plaintiff could not in any way be benefited by the incorporation or organization of such district, nor could it receive fire protection from such district. ’ ’ The trial court found that said lands and improvements “were not so far removed or distant from the section or country known as Belvedere, nor were they so isolated that plaintiff could not be benefited by the incorporation or organization of such district; and it is not true that plaintiff could not receive…