In Re Thomas and City of Petaluma

This is a proceeding instituted in the superior court of Sonoma County to determine the difference and controversy between the parties named therein in respect to the validity of certain proceedings for the doing of street work in and by the city of Petaluma, whereby the property of the appellants herein was sought to be charged with their proportion of the expense incident to such work. The sole question presented upon this appeal involves the legality of the procedure adopted and pursued by the said municipal corporation in doing the street work in question.

The city proceeded under the provisions of the act of the legislature approved March 6, 1889, and it is conceded by the appellants that the procedure prescribed in this state law was correctly followed oat in making said improvements, except in certain respects to be hereafter noted. The main contention of the appellants is that, prior to entering upon the work of such street improvement under said state law, the city of Petaluma failed to adopt an ordinance electing to proceed under said law and adopting its procedure as the one to be followed in making said improvements. This contention on the part of the appellants is…