City Street Improvement Co. v. Lee

The petitioner, a corporation, filed a petition in the court below for a writ of mandate to force the mayor of the city of Santa Rosa, a municipal corporation, to enter into a contract with the said petitioner for doing certain street work on Santa Rosa Avenue, in said city. .

The respondent, mayor, answered the petition, and certain property owners, whose property abuts upon said street and which would, as a consequence, be assessed for the improvement which had been proposed to be made on said avenue, providing the proceedings were legal and valid, filed a complaint in intervention. The court, upon the trial of the issues made by the answer and the complaint in intervention, rendered and entered a judgment dismissing the writ.

The petitioner brings the case to this court on an appeal from said judgment.

On the twenty-first day of September, 1915, the council of the city of Santa Rosa, proceeding in accordance with the provisions of the charter of said city relating to the public streets thereof and their improvement (Stats. 1905, pp. 891 to 898, inclusive), passed a resolution of intention to order the improvement of Santa Rosa Avenue, a public street in the said city, from…