S. M. Bernard Co. v. City of Los Angeles

Action to have declared null and void a certain assessment levied against the property of plaintiffs to pay the cost of widening Eighth street from Main street to Central avenue, in Los Angeles, and to restrain the threatened sale of such property on account of delinquency in the payment of such assessment.

Judgment went for defendants, from which, and an order denying their motion for a new trial, plaintiffs appeal.

On March 8, 1907, the city council, pursuant to the provisions of the street opening act of 1903 (Stats. 1903, p. 376), duly adopted an ordinance declaring its intention to widen Eightli street between the points named by adding thereto a strip of land twenty feet in width on the southerly line thereof, from Main street to San Pedro street, and a strip of like width on the northerly line from San Pedro street to Central avenue, held in private ownership, and at the same time fixed the exterior boundaries of an assessment district, the property included within which was declared to be benefited by the contemplated improvement and which it was proposed to assess for the expense thereof. Pursuant to ordinance authorizing the same, an action was instituted to condemn…