Bou
Bou v. Willits
Opinion
Lead Opinion
Tyler, J.
This action was one brought by a property owner to enjoin the doing of certain street work in the city of San Bruno, county of San Mateo, under the Improvement Act of 1911. Judgment went for defendant city officials, and the owner appeals.
The facts giving rise to the controversy are as follows: On the twenty-fifth day of May, 1921, the board of trustees of the city of San Bruno passed its resolution of intention to order certain street improvements. The resolution described the work to be performed on “Hensley Avenue, Green Avenue, Easton Avenue, Masson Avenue, Mills Avenue, Huntington Avenue and . . . Euclid Avenue. ...” By subsequent proceedings a contract for such improvements was awarded to respondent Municipal Improvement Company. Prior thereto and on the twenty-ninth day of May, 1917, the United Railroads of San Francisco, a corporation, had executed to the city a deed purporting to convey to it a right of way over the land designated in the resolution of intention as “Huntington Avenue.” This deed contains a recital to the effect that the city, in consideration of the dedication of the right of way, had by resolution of its council agreed that the company should not be…