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· 5/19/1888

City of Napa v. Easterby

Citations

  • 76 Cal. 222
  • 18 P. 253
  • 1888 Cal. LEXIS 861

Syllabus

<p>Official Grade of Street — Two Sets of Proceedings to Establish. — If the proceedings to establish the official grade of streets are void, they may be disregarded and fresh proceedings commenced.</p> <p>Official Grade of Streets in City of Napa — Power of Board of Trustees — Petition of Property Owners.—It is not necessary that the official grade of each street in the city of Napa be established.separately. The board of trustees has power to establish the grade by a general ordinance, and this may be done without petition of property owners, provided no charge therefor is imposed upon them or upon the city.</p> <p>Id. — Publication of Ordinance Referring to Maps and Bench-books. Where an ordinance establishing the official grade refers to maps and bench-books in the archives of the city, such maps and bench-books need not be published. All that is necessary to be published is what is entered in the ordinance-book.</p> <p>Form of Order that Street Work be Done—Publication.—An order that street work be done is not an “ ordinance ” within the meaning of the charter, and need not follow the form, “The board of trustees of the city of Napa do hereby ordain,” etc., and need not be published.</p>

Judges: Hayne

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