Mitchell v. Board of Trustees

This is a suit in equity to enjoin the city council of Woodland from making street im provements and levying assessments therefor, on the ground that the proceeding would amount to a confiscation of the property without compensation.

The appellants owned several lots in a sparsely settled portion of the outskirts of Woodland. The trustees of the city duly adopted a resolution pursuant to the City Improvement Act of the state of California (Stats. 1911, p. 730, and amendments thereto), declaring their intention to construct cement sidewalks adjacent to the property of the appellants. At the time set for the hearing of the resolution to construct public improvements, the plaintiffs appeared in open meeting of the council and filed written protests against the proposed improvements, upon the ground that the cost of such improvements to the adjoining property owners would exceed the value of the benefits and would therefore amount, to a confiscation thereof without compensation. Although the opportunity was afforded, the appellants offered no evidence in support of their protests. The council thereupon overruled and denied the protests and proceeded to advertise for bids for the…