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CITY OF DEL MAR v. BURNETT

Docket No. 7298.

223 Cal.App.2d 754 (1963)

35 Cal. Rptr. 920

THE CITY OF DEL MAR, Plaintiff and Respondent, v. COY BURNETT et al., Defendants and Appellants.

Court of Appeals of California, Fourth District.

December 23, 1963.

Attorney(s) appearing for the Case

Enright, Elliott & Betz, Theodore S. Tabah, Norman Elliott and Michael J. Fitzpatrick for Defendants and Appellants.

Luther L. Leeger, City Attorney, Curran, Golden, McDevitt & Martin and Robert A. Curran for Plaintiff and Respondent.

COUGHLIN, J.

The City of Del Mar brought this action to determine the validity of assessment proceedings for a proposed sewerage improvement district. (See Sts. & Hy. Code, § 5265; Code Civ. Proc., §§ 860-870.) The defendants challenged the proceedings upon the ground (1) that a valid protest by affected property owners had not been overruled as required by law; and (2) that, in ordering the proposed improvement, the city council acted arbitrarily...

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