Dehail v. Morford

Citations

• 95 Cal. 457
• 30 P. 593
• 1892 Cal. LEXIS 849

Syllabus

<p>Municipal Corporations—Widening of Street—Ordinance not Complying with Statute — Insufficient Specification of Boundaries — Assessment — Injunction. — The ordinance adopted by the city of Los Angeles July 8, 1889, for the widening of First Street from the west side of Los Angeles Street to the west line of Alameda Street, which provides that the exterior boundaries of the district of land to be benefited are “all lots and parcels of land fronting on each side of First Street, from the west side of Los Angeles Street to the west side of Alameda Street,” does not comply with the provisions of section 2 of the act of March 6, 1889 (Stats. 1889, p. 70), under which the proceedings for the -widening were had, which declares that the city council shall pass a resolution “specifying the exterior boundaries” of tlie'district of lands to be affected or benefited thereby; and a sale of lands for the purpose of satisfying an assessment under such ordinance will be restrained by injunction.</p> <p>Id. — Jurisdictional Requirements Essential. — In proceedings for the widening of a street, every requirement of the statute which may in any manner benefit the owner must be observed in order to give jurisdiction to the municipality. After the jurisdiction is once acquired, subsequent proceedings can be attacked for only such irregularities as affect substantial rights; but for the purpose of acquiring jurisdiction, every requirement must be regarded as of equal necessity.</p> <p>Id.—Filing of Objections to Improvement—Right to Object to Jurisdiction—Waiver.—The fact that a property owner, whose land had been assessed for the widening of a street, appeared before the city council and filed objections to the improvement, and afterwards protested against the report of the commissioners, did not operate as a waiver of his right to object to want of jurisdiction in the council over the subject-matter of the improvement.</p>