Fleming

Defendants’ demurrer to plaintiff’s complaint was sustained without leave to amend, and plaintiff appeals.

The action was one to have declared void a street assessment levied against plaintiff’s lot pursuant to proceedings taken under the authority of the Street Opening Act of 1903 (Stats. 1903, p. 376), and to enjoin the enforcement of said assessment. It appears from the complaint that the improvement contemplated by the proceeding was the widening of Los Feliz Boulevaid in Los Angeles, for a certain distance, and that in order to accomplish such purpose it was necessary to take a narrow strip of land from the abutting lot of plaintiff. The assessment plaintiff sought to have nullified was levied on the remaining part of his lot in proportion to the benefit derived thereby from the widening of the street.

The point plaintiff makes against the validity of the proceedings relates to the matter of the description of the land to be taken, and arises out of the following facts, as shown by the complaint: The ordinance of intention definitely and with exactness described by metes and bounds, and courses and distances, the exterior boundaries of a twenty-foot strip of land along the…