Miller v. Town of Sebastopol

This action was instituted by the plaintiffs to relieve their property from the lien of an assessment imposed thereon by virtue of the provisions of the street improvement laws of the state for the improvement of the street, in the Town of Sebastopol, upon which said property is situated, and to secure an injunction against the issuance of bonds in pursuance of the provisions of the “Improvement Bond Act” of 1915 (Stats. 1915, p. 1441), “to represent and be secured by unpaid assessments for such improvement.”

The relief prayed for in the complaint was granted and a decree entered accordingly. A motion for a new trial by defendants was denied.

From the judgment the defendants prosecute this appeal.

The trial court found that the resolution of intention to improve the street upon which the property of the plaintiffs abuts, by its terms, as construed in the light of the evidence, does not include, or, rather, excludes the said property from the operation thereof, and upon such finding predicated its judgment, and that finding presents the principal point of controversy here. Counsel, in their briefs, discuss some other points, which will be given due attention.

The part of the…