Marz v. City of Newport

*148Opinion of the Court by

Judge Miller

Affirming.

■ By this action Theodore Marz, a citizen and taxpayer of the city of Newport, and the owner of a house and lot on East Tenth street in said city, seeks to enjoin the construction of that street in front of his property. He also asks that the contract entered into by the City of Newport with Metzel & O’Hearn, contractors, for that purpose, be declared invalid. The contract requires the street to be constructed at the cost of the abutting property owners.

It is not contended that the statutory requirements necessary under the charter, were not fully…