Woodruff v. Perry
California Supreme Court
Appeal from a judgment of the Superior Court of San Diego County. This action was brought by the owners of lands affected by an assessment levied by the Otay Irrigation District, for expenses of organization, including the salaries of officers and employees, to have the assessment declared illegal and void, and to enjoin the enforcement of its collection, upon the ground that the assessment was levied without submission to a vote of the electors of the district.
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Appeal from a judgment of the Superior Court of San Diego County. This action was brought by the owners of lands affected by an assessment levied by the Otay Irrigation District, for expenses of organization, including the salaries of officers and employees, to have the assessment declared illegal and void, and to enjoin the enforcement of its collection, upon the ground that the assessment was levied without submission to a vote of the electors of the district. The judgment was in favor of the plaintiffs, from which an appeal was taken by the irrigation district.
1Opinion of the CourtDe Haven, J.
The assessment referred to in the complaint not having been authorized by a vote of the electors of the Otay Irrigation District, was illegal under the rule announced in the case of Tregea v. Owens, 94 Cal. 317; and inasmuch as the invalidity of such assessment would not appear upon the face of the deed given to the purchaser at the sale made for the purpose of collecting the delinquent tax levied by such assessment, the plaintiffs are entitled to the injunction given by the judgment appealed from. (Pixley v. Huggins, 15 Cal. 127; Burr v. Hunt, 18 Cal. 303.)
Judgment affirmed.
Fitzgerald, J.,…
2Cases cited3 opinions
- Pixley v. HugginsCalifornia Supreme Court · 1860
- Tregea v. OwensCalifornia Supreme Court · 1892
- Burr v. HuntCalifornia Supreme Court · 1861
3Cited by2 opinions
- Las Animas & San Joaquin Land Co. v. PreciadoCalifornia Supreme Court · 1914
- Nevada-California Power Co. v. HamiltonDistrict Court, D. Nevada · 1916