City of Del Mar v. Burnett

The City of Del Mar brought this action to determine the validity of assessment proceedings for a proposed sewerage improvement district. (See Sts. & Hy. Code, § 5265; Code Civ. Proc., §§860-870.) The defendants challenged the proceedings upon the ground (1) that a valid protest by affected property owners had not been overruled as required by law; and (2) that, in ordering the proposed improvement, the city council acted arbitrarily, unreasonably exercised its power, and abused its discretion in the premises.

Pursuant to statutory requirements, the city engineer filed a report showing each…