Andriano

A proceeding in mandamus to compel respondents to make a proportionate distribution of the remaining part of a fund known as the “Twin Peaks Ridge Tunnel Assessment Fund,” which was created by the assessment upon land owned by petitioners and others of the cost of constructing the Twin Peaks tunnel in the city and county of San Francisco.

On March 3, 1913, there was adopted by the Board of Supervisors and approved by the mayor of the city and county a resolution of intention, numbered 10,020 (new series), to order the construction of the tunnel mentioned and to assess the cost, including that of construction, the acquisition of rights of way, damages to property and incidental expenses, upon two assessment districts, in which were situate the lands of petitioners. Thereafter on November 25, 1913, the board, with the approval of the mayor, adopted resolution numbered 10,545 (new series) confirming a report by the Board of Public Works and making and levying an assessment upon the districts mentioned in the sum of $3,955,011.29 for the purpose of defraying the cost of constructing the tunnel, including the other expenses in that connection. Subsequently the municipality acquired…