Ferri

Ferri v. City of Long Beach

Good Law
176 Cal. 645·1917 Cal. LEXIS 573·169 P. 385
Supreme Court of CaliforniaDecember 11, 1917L. A. No. 4087.California1,001 words

Opinion

Lead Opinion

Sloss, J.

The plaintiffs; owners of property in the city of Long Beach, brought this action against the city of Long Beach, and the members of its board of public works, to enjoin the enforcement of a street assessment by the sale of the plaintiffs’ property, and to have the assessment declared void.

The proceedings which are attacked were had under the “Street Opening Act of 1903,” as amended. (Stats. 1903, p. 376; Stats. 1909, p. 1035; Stats. 1911, pp. 855, 894; Stats. 1913, p. 429.) The city authorities undertook to order the widening- of a street in Long Beach, and to assess the cost of the improvement upon a certain district, which included the lands of the plaintiffs. Section 1 of the act gives to the city council power to order such work to be done. Section 2 provides that before ordering any improvement to be made, the city council shall pass an ordinance declaring its intention so to do. Section 3 provides for the publication and posting of notice of the passage of said ordinance. Such notice is to be posted at certain points, and “shall state the fact and date of the passage of said ordinance and briefly describe the improvement proposed, and refer to said ordinance of intention…

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