Pearson

Plaintiffs sued for an injunction and to cancel an assessment for improvements of a public street. From a judgment denying them relief they have appealed upon typewritten transcripts.

Proceeding under the Street Improvement Act of 1913 (Deering’s Gen. Laws, Act No. 8205), the City of Los Angeles took the necessary steps for the formation of an assessment district to provide sufficient funds for the improvement of Cabrillo Avenue and to that end assessed the benefits to each piece of property within the district and determined the damages and the incidental expenses to be paid on account of the proposed improvement. Certain property owners having refused to accept the damages awarded to them by the city council, eminent domain proceedings were commenced in the name of the city and judgments were entered against the city fixing the damages to these property owners at approximately $30,000 more than the sums fixed by the council. Prior to the entry of these judgments the assessments theretofore levied had been collected and the proceeds thereof had been paid into a special fund known as the street improvement assessment fund. After the entry of the judgments the city council…