Northwestern Pac. R. v. Town of Larkspur

This was a suit to enjoin the collection of a special assessment and to declare the assessment null and void. From a decree in favor of the defendants, the plaintiff has appealed.

Section 2 of the California Improvement Act of 1911 (St. 1911, p. 732) provides that, whenever the public interest or convenience may require, the city council is authorized and empowered to order the whole or any portion or portions, either in length or width of any one or more of the streets, avenues, lanes, alleys, courts, plaees, or public ways of any such city to be improved, in the manner therein set forth. Section 3 provides that, before ordering any such work done or improvement made, the city council shall pass a resolution of intention so to do and that the resolution shall be published, as therein provided. Section 4 provides that, whenever the contemplated work or improvement, in the opinion of the city council, is of more than loeal or ordinary public benefit, and in certain other eases not material here, the city council may make the expense of such work or improvement chargeable upon a district which the city council shall, in its resolution of intention, declare to be the district…