Ambassador Holding Corp. v. City of Los Angeles

This is an appeal from a judgment in favor of defendant and respondent in an action to recover damages resulting from a change of grade of a public street on .which the property of appellant abutted.

Appellant owns certain real property on West Eighth Street, in Los Angeles, improved with an apartment house. The respondent city, by ordinance properly adopted and in accordance with the provisions of the Improvement Act of 1911 (Stats. 1911, p. 730; Deering’s Gen. Laws, 1931, vol. III, Act 8199, p. 4519), ordered the improvement of Normandie Avenue and West Eighth Street to the grade specified in the ordinance of intention, a grade different from the theretofore existing grade, and appellant’s property was damaged in a stipulated amount. The procedure provisions of the act were substantially followed. Appellant failed, in writing or otherwise, to protest or make objections to the proposed change of grade, as provided in section 3 of the act, but thereafter filed a claim for damages on account of the work done to such grade, which claim was thereafter denied by the city council because of the failure to object at the proper time and place to the change of grade. In the action that…