Fay Improvement Co. v. Nelson

This appeal is from a judgment in the plaintiff’s favor in an action to foreclose a street assessment lien.

The street improvement work in question was done upon Forty-fourth Avenue between Anza and Fulton Streets, in the city and county of San Francisco, under the provisions of the street improvement ordinance of said municipality adopted on September 2, 1913.

[1] The appellant hereih makes two main points. The first of these is that the ordinance in question is unconstitutional. No extended discussion of the argument urged in support of this contention need be made, since the question of the constitutionality of this and similar ordinances of said municipality has been set at rest by the decisions of the supreme court in the cases of Mardis v. McCarthy, 162 Cal. 98 [ 121 Pac. 389 ]; Hayne v. San Francisco, 174 Cal. 185 [ 162 Pac. 625 ]; Bienfield v. Van Ness, 176 Cal. 585 [ 169 Pac. 225 ].

The appellant’s next contention is based upon the following facts as shown by the record herein: On the fourteenth day of June, 1916, the board of public works of the city and county of San Francisco duly and regularly passed a resolution, pursuant to the provisions of the ordinance above…