Nutting

Appeal by the defendants from the judgment. By his action the plaintiff seeks to have it determined that an assessment levied against his property to pay expenses of a street-opening proceeding is void; to enjoin the defendants from proceeding to enforce the assessment; and to quiet his title against said assessment. The prayer of his complaint further demands that under and by virtue of article 26a of the Street Opening Act of 1913, as amended [Stats. 1913, p. 433], (being the act under which the proposed street opening has been conducted), the defendant city of Los Angeles and its officers be directed to prepare and levy a reassessment upon the property within the assessment district and to levy against the plaintiff’s property, known as parcel 39 in said assessment, a total assessment not exceeding the sum of fifteen thousand dollars. The court below determined that the assessment was void and ordered a reassessment to be made in accordance with certain directions which are contained in the decree.

After the board of public works had reported to the city council its assessment, the plaintiff and others filed their protests which were duly brought on for hearing before the…