Burnett v. Mayor of Sacramento
California Supreme Court
Appeal from the Sixth District, County of Sacramento. This was an action brought to recover of the City of Sacramento money paid by plaintiff, as an assessment upon his lots, for the grading and improving the streets adjacent thereto.
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Appeal from the Sixth District, County of Sacramento. This was an action brought to recover of the City of Sacramento money paid by plaintiff, as an assessment upon his lots, for the grading and improving the streets adjacent thereto. The following facts appear in the opinion of the Court: By the second section of the Act of March, 1853, amending the Charter of Sacramento, the Common Council of the city are authorized to levy, by ordinance, special assessments for grading or otherwise improving any portion of the streets or alleys of the city on the adjacent property situated on the line of…
1Opinion of the CourtEield, J.
The protest presented on the twenty-seventh of August was ineffectual, for the reason that it was not made until after the expiration of the statutory time, and the further reason that it does not appear that one-third of the owners in value of the adjacent property united in it. The passage of the ordinance on the twentieth, and its approval on the twenty-first, are of no consequence. Its validity is not affected, even if it were passed and approved before the expiration of the time limited for protest. The statute only inhibits the Council from proceeding with the improvement in case of…
2Cited by30 opinions
- In re the Bonds of the Madera Irrigation DistrictCalifornia Supreme Court · 1891
- Los Angeles County Flood Control District v. HamiltonCalifornia Supreme Court · 1917
- Emery v. San Francisco Gas Co.California Supreme Court · 1865
- Palmer v. StumphIndiana Supreme Court · 1868
- Cary Library v. BlissMassachusetts Supreme Judicial Court · 1890
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