Atchison, T. & S. F. Ry. Co. v. City of San Diego

TMs suit is brought to secure, as the main relief, an injunction to prevent the city of San Diego and its officers from enforcing an assessment charge made against the depot property -of complainant railway company. The assessment was levied to cover in part the cost of opening C street in said city, through the length of one block. The total cost of the work was determined to be $54,565.83. Of this sum, $12,607.12 was made a charge against the depot property. The railway company protested the assessment as being unjust and arbitrary, claiming that its property would receive no benefit from the opening of the street. The city council overruled the protest and this action was commenced. The improvement designed to be made was under a district assessment plan.

The Street Improvement Act of the State of California, under whieli, it is asserted, the *294 city proceeded (sections 4, 5, p. 70, Stats, of Cal. 1889, and amendatory acts [Deering’s Gen. Laws 1923, Act 8195]), provides for the hearing of objections to the proposed work and to the assessments made, and declares that the decision of the city council allowing or disallowing proteste “shall be final and conclusive” (section 5).…