San Francisco Sulphur Co. v. County of Contra Costa

The second amended complaint filed February 20, 1926, shows this action to he one by plaintiff as a property owner against the County of Contra Costa to enjoin the levy and collection of a special tax' designed to supply a bond fund to retire a quota of the bonds maturing under a street improvement proceeding begun by' the said county under the Street Improvement Law of 1907, as amended by the Statutes of 1921, page 312, chapter 232. To said complaint, which was supplemented by additional allegations, a demurrer was interposed by said county. Thereafter a hearing upon the said demurrer was had and the court sustained the same without' leave to amend, and on the twenty-sixth day of August, 1927, judgment of dismissal passed in favor of said county, from which plaintiff has appealed.

Appellant assigns three grounds of error. First, that the action of the board of supervisors of said county in creating an assessment district and in causing the improvement to be made therein and in issuing the bonds in payment therefor violated section 18, article XI, of the state constitution; second, that the action of the county in this behalf was also void because a- large portion of the…