Does the statute of limitations bar an action to challenge an assessment which is illegal or void?

Plaintiffs also contend that a statute of limitations will not bar an action to challenge an assessment which is illegal or void, either because the enabling statute is invalid or because the landowner has been deprived a fundamental constitutional right. Foremost among such fundamental constitutional rights is that of notice of the hearing at which the assessment is levied. (See Holloway v. Pennsauken Tp., supra.) And there may be other fundamental constitutional rights such as the property involved is outside the jurisdiction of the levying body.

But, plaintiffs' allegations of lack of benefit do not raise a question of deprivation of a fundamental constitutional right. (See Csaki v. Woodbridge Tp., supra.) Plaintiffs have not alleged that they were not given proper notice of assessment proceedings and they positively alleged that they made both written and oral protests at the hearing conducted on December 5, 1978 when the assessment was levied.

Plaintiffs contend that this was the first complaint filed by the plaintiffs and no opportunity was given to amend. Plaintiffs cite the general rule that it is an abuse of discretion when parties are not given leave to amend, when an amendment possibly could cure the defect by supplying omitted allegations. (Greenberg v. Equitable Life Assur. Society (1973) 34 Cal.App.3d 994, 998, 110 Cal.Rptr. 470.)