Ruberoid Co. v. North Pecos Water & Sanitation District

This matter is before the court on rehearing, and the former opinion herein announced September 13, 1965, is withdrawn.

We will refer to the plaintiffs in error as plaintiffs and to the defendants in error as the defendants. This is how they appeared in the trial court where seven plaintiff-landowners unsuccessfully petitioned the District Court to obtain an order excluding them from the North Pecos Water and Sanitation District.

Plaintiffs set forth two grounds upon which they assert their right to be excluded from the district. Both grounds were urged in the trial court and here. They are:

1.…