Butters

The plaintiffs in this action sought to enjoin the recordation of a certain assessment for street improvements in the city of Oakland done under the district plan provided for by the terms of the “Improvement Act of 1911” [Stats. 1911, p. 730]. The same assessment was before the supreme court in the case of Rockridge Place v. City of Oakland, 178 Cal. 58 , [ 172 Pac. 1110 ], in which case the facts were quite fully stated and a number of the points discussed on this appeal were decided. It will be only necessary, therefore, to refer to such of the facts of the case as may be germane to the legal questions presented for the first time upon this appeal.

[1] Somewhat more than one year prior to the adoption by the council of the city of Oakland of the resolution of intention by which the proceedings under review upon this appeal were initiated the said council adopted an ordinance under the so-called “Change of Grade Act” of 1909 (Stats. 1909, p. 1018), purporting to change certain grades on Broadway, which at the point along its route affected by the present proceeding was at that time unimproved in the sense that it had not previously been graded or paved. While this Change of…