Gill v. City of Oakland

Citations

• 124 Cal. 335
• 57 P. 150
• 1899 Cal. LEXIS 996

Syllabus

<p>Street Assessment—Second Supplemental Assessment—Dower op Council.—Under the street opening act of 1889 (Stats. 1889, p. 70), where a deficiency has arisen in the collections under the original assessment for the opening and extension of a street, and a supplemental assessment to reimburse money advanced from the general fund to meet such deficiency, has proved insufficient for that purpose, the municipal council has authority, if the proceedings were regularly pursued, to make a second supplemental assessment to complete such reimbursement.</p> <p>Id.—Objections to Assessment—Notice op Hearing—Stated Hour— Premature Adjournment—Loss op Jurisdiction.—Where the time for the hearing of objection to the second supplemental assessment was fixed by the city council for the stated hour of 9:15 P. M. of a specified date, and notice was given of such hearing to the objectors, who attended at the hour designated; but, previously to that hour, without notice to the objectors, the meeting was adjourned until the next evening, the council thereby lost jurisdiction to consider the objections, or to make a valid assessment without giving a new notice to the objectors.</p> <p>Id.—Void Assessment—Threatened Sale—Payment under Protest— Recovery prom City.—Money paid under protest to the superintendent of streets to prevent a threatened sale and deed by him for a delinquent street assessment which is void, may be recovered back- from the city irrespective of whether section 3819 of the Political Code applies to local assessments.</p> <p>Id.—Effect of Deed—Cloud upon Title—Loss of Property.—The deed of the superintendent of streets under a sale to enforce a street assessment is made prima facie evidence of the regularity of the proceedings, and conclusive evidence of the necessity of taking or damaging the lands taken or damaged and of the correctness of the compensation awarded therefor; and would cast a cloud upon the plaintiff’s title and cut off his rights, if he had not paid t