Dougherty

Dougherty v. Harrison

Good Law
54 Cal. 428
Supreme Court of CaliforniaJuly 1, 1880No. 6,398California602 words

Opinion

lead Opinion

Departmentthornton, J.

There is hut one-question in this case. Within the proper time after the resolution of intention was passed, (which was for grading a street in the City of San Francisco) the owners of more than one-half in frontage of the lots fronting on the proposed work, delivered to the Clerk of the Board of Supervisors, written objections to grading the street. The Board disregarded these objections, and proceeded with the work.

The first section of the Act of 1863- (see Acts of 1863, pp. 525-6,) under which the proceedings in this case were had, amending section four (4) of a former act, provides:" That the owners of more than one-half in frontage of the lots and lands fronting on the work proposed to be done,” etc., “ may make written objections to grading,” etc.; such objections shall be delivered to the Clerk of said Board of Supervisors, who “ shall indorse thereon the date of reception by him, and such objections so indorsed shall be a bar to any farther proceedings in relation to said grading for a period of six months, unless *429 the owners aforesaid shall sooner petition for said grading to be done; provided, that when one-half or more of the grading of any street lying between…

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