Azzaro

The Board of Supervisors of the County of Fresno initiated proceedings to form an improvement district under the Municipal Improvement Act of 1913 (Sts. & Hy. Code, § 10000 et seq.) in connection with the widening of East Tulare Street between Winery Avenue on the west and Clovis Avenue on the east. Protests were filed by a number of owners, and this appeal followed a ruling as to the area included within the district.

Tulare Street runs through the City of Fresno to Clovis Avenue, a county highway; both are heavily traveled thoroughfares. About one year before commencing formation of the district, the county undertook to simply widen East Tulare Street between Winery and Clovis, and the only improvements then contemplated were concrete curbs, gutters, driveway approaches and drainage facilities. The county entered into right of way contracts with all but eight property owners along the entire mile and a half between Winery and Clovis. The contracts provided that each owner pay for curbs, gutters, driveway approaches and drainage facilities for his property, and each deposited the money to cover the cost thereof.

Later, it was decided to form an improvement district and, while…