City of Pasadena v. Superior Court
Opinion
Lead Opinion
Thompson, J.
In August of 1924 the petitioner herein commenced an action in the Superior Court of Los Angeles County, in which it sought to condemn certain property in the city of Pasadena for the purpose of widening Marengo Avenue in that city. Thereafter, and on the first day of September, 1926, one of the defendants in the condemnation suit instituted an action against the city wherein she sought to enjoin it from proceeding with the condemnation of her land, or levying any assessment against her property for the improvement contemplated by the ordinance of intention, in pursuance of which the complaint for condemnation was filed. After answer was filed and trial had in this latter action the court rendered its judgment restraining and enjoining the city of Pasadena, its board of directors, city attorney, and city engineer from paying out any money for the widening of Marengo Avenue under the ordinance of intention already mentioned and from paying out any money in connection with the condemnation of land for that purpose, and from making and collecting or attempting to collect any assessment against plaintiff’s property for the improvement contemplated by the ordinance of intention and…