California, United States of America
The following excerpt is from Honegger v. Reclamation Dist. No. 1619, 12 Cal.Rptr. 76, 190 Cal.App.2d 684 (Cal. App. 1961):
Hawley v. Reclamation Dist. No. 730, 1934, 220 Cal. 271, 30 P.2d 505, 506, fully supports this conclusion. The assessment [190 Cal.App.2d 692] in that case appears to have been an 'additional assessment' with respect to which the proceedings are the same as in the case of an original assessment ( 51300). However, the rationale of that case is applicable here because the code sections under construction there (51259) and herd (51333), are similar in language and purpose. There, the commissioners, appointed by the supervisors, prepared an assessment valuation '* * * according to their estimates of the benefits derived.' The supervisors, following hearings and receipt of objections, substituted a substantially different valuation assessment, affecting all properties, and calling it a reapportionment. Certain property owners brought suit in the superior court, against the district. Various other property owners intervened. The trial court filed findings to the effect that the supervisors acted arbitrarily an abused their discretion, that the assessments complained of exceeded the benefits derived from the work by the plaintiffs, and determined that the benefits were as determined by the commissioners. It rendered judgment for the plaintiffs accordingly.
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