Rindge Co. v. City Council

This is an appeal from a judgment rendered in a proceeding instituted in the superior court of Los Angeles County, whereby it was sought to have certain acts of the city council of the city of Los Angeles, in confirming an assessment made to cover the cost of opening Broadway from Tenth Street to Pico Street, declared null and void for want of jurisdiction.

The writ was issued and upon return thereto a hearing was had, wherein the court caused to be entered a judgment as prayed for by petitioner, declaring said action of the city council void, from which judgment this appeal is prosecuted.

It appears that under the Street Opening Act of 1903 and the several amendments thereto, [Stats. 1903, p. 376], the city council of Los Angeles, in May, 1913, initiated proceedings for the opening of Broadway, a street in said city, from Tenth Street to Pico Street, all of which proceedings up to and including the making of the assessment, plat, and diagram, and the filing of the same with the clerk of the council on December 30, 1914, it is conceded were duly had and taken as provided for by the act. On December 31, 1914, the clerk, as required by section 18 of the act, gave notice by due…