Neil

This is an action brought to enjoin appellant City of Glendale, from proceeding with the improvement of an avenue within said city, under the Improvement Act of 1911. The trial court granted a permanent injunction and this appeal is prosecuted from the judgment.

Lomita Avenue, at the time this action was brought, was improved (by the city) with a concrete roadway thirty feet in width. This improved strip lay equally on each side of the center line of a sixty-foot strip of land, with lots abutting upon said sixty-foot strip. The traveled roadway is thirty feet in width, and on each side thereof is a row of large eucalyptus trees, which occupy a ten-foot space between the roadway and the sidewalk. The sidewalks are five feet in width.

Under the proposed improvement, a strip forty feet wide, lying equally on each side of the center line of said sixty-foot strip, will be paved with concrete. It is conceded that such improvement will necessitate the destruction of the trees. Plaintiffs are the owners of a lot abutting upon said sixty-foot strip of land, and their contention is that the strip of real property, upon which these trees are situated, is not a part of the street, and hence…