Bonbini

Reclamation Dist. No. 17 v. Bonbini

Good Law
158 Cal. 197·1910 Cal. LEXIS 356·110 P. 577
Supreme Court of CaliforniaAugust 12, 1910Sac. No. 1758.California2,802 words

Opinion

Lead Opinion

Angellotti, J.

This is an action under section 3493% of the Political Code to determine the validity of an assessment levied for the purposes of Reclamation District No. 17 on lands within the district within one year prior to the filing of the complaint. Judgment was given for plaintiff confirming the assessment, and -defendants, who are landowners within the district, appeal from such judgment and from an order denying their motion for a new trial.

Reclamation District No. 17 was organized prior to January 1, 1873, and has ever since been prosecuting the object for which it was created. It is claimed by plaintiff that the assessment in question is one of those supplemental or additional assessments provided for by section 3459 of the Political Code. It is there provided that “if the original assessment is insufficient to provide for the complete reclamation of the lands of the district, or if further assessments are from time to time required to provide for the protection, maintenance, and repair of the reclamation works, the trustees must present to the board of supervisors of the county in which the district is situated, ... a statement of the work done or to be done, and its estimated…

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