Gately v. Bateman

Citations

• 2 Cal. Unrep. 113

Syllabus

<p>Street Assessment—Sufficiency of Description.—Where the board of supervisors declare their intention that sidewalks on a street be reconstructed, and one lot with a frontage of eighty-six feet is charged in the assessment for new sidewalks with only thirty-nine feet, there being nothing in the assessment or diagram indicating which particular thirty-nine feet is made subject to assessment or that such thirty-nine feet are separately assessed, the description is insufficient.1</p> <p>Street Assessment—Charging Lots Separately.—The superintendent of streets has no power to charge each separate lot with the work done in front of it; if sidewalks between certain termini are ordered reconstructed, all the lots fronting on the street are to be treated as benefited in the proportion that each bears to the whole frontage.</p> <p>Street Assessments—Separate Charges for Old and New Sidewalks.—The superintendent of streets has no power to make separate assessments on lots for old and new sidewalks, but the assessment must be to each lot for a share of the whole expense of reconstruction in the proportion its frontage bears to the whole.</p> <p>Street Assessment—Necessity of Appeal to Supervisors.—A property owner is not bound to appeal to the 'board of supervisors to have a void assessment annulled.</p>