W. Berkeley Land Co. v. City of Berkeley

Plaintiffs sued to recover from the city of Berkeley money paid under protest to prevent the sale of certain lands by the superintendent of streets of that city because of delinquency in paying assessments upon said properties levied in the proceedings for the opening and extension of Snyder Avenue under the provisions of the Street Opening Act of 1889. (Stats. 1889, p. 70.) From a judgment in favor of defendants this appeal is taken.

Appellants question the authority of the municipality to open or extend its streets over tide lands. By the first section of the Street Opening Act of 1889 the…