Ryan v. Altschul

Citations

• 103 Cal. 174
• 37 P. 339
• 1894 Cal. LEXIS 744

Syllabus

<p>Street Assessment—Compliance With Statute—Invalidity.—A street assessment cannot become a lien without a substantial compliance with all the provisions of the statute; and where it appears upon the face of the assessment that the lot of the defendant is charged with a portion of the expense for the work done that the statute declares must be assessed upon other lots, and which cannot, under any circumstances, be imposed upon the lot of the defendant, the assessment is invalid for any purpose.</p> <p>Id.—Appeal to Supervisors.—Where an assessment includes expenses which, under any circumstances, might have been charged upon the property assessed, and the alleged error is to be determined by matters outside of the assessment itself, the owner must first seek its correction by an appeal to the board of supervisors; but if the assessment is void upon its face, no appeal is necessary.</p> <p>Id.—Assessment Void in Part.—The assessment is to be regarded as an entirety, and is equally void if it appears upon its face that a portion or all of it is for expenses not legally chargeable upon the property assessed, or that the statute required a portion of the expenses incurred to be assessed upon other property.</p>