Starbuck

Plaintiff’s petition for a writ of mandate was denied in the superior court and she appeals from the judg ment. The question presented is as to whether a resolution adopted by the board of trustees of the city of Fullerton, wherein such trustees declared it to be their intention to open a public street over certain property and within the boundaries of a certain district which was described as embracing property to be benefited by the improvement and which it was the intention to assess to pay the costs and expenses thereof, was subject to the referendum provisions of the Constitution of the state and the acts of the legislature.

From the stipulation of facts it appeared that there were nineteen several owners of land within the district described in the resolution, fifteen of whom were consenting owners, the plaintiff being one of those not consenting; that there were one thousand two hundred qualified electors residing within the city of Fullerton and twenty qualified electors residing within the assessment district; that there were 10,755 acres of land within the corporate limits of the city of Fullerton, and about 264 acres of land within the assessment district. It was…