Baker v. City of Leoti

The opinion of the court was delivered by

Robb, J.:

This was an appeal from the judgment of the trial court enjoining and restraining the city of Leoti from making certain street improvements and from levying tax assessments therefor. Plaintiffs have cross-appealed from a part of the same judgment holding that one of the protestors was not a resident owner of real property at the time of his protest.

The following salient facts were gleaned from the record and are included for clarity in understanding the background of this appeal:

On June 22, 1953, the Leoti city council adopted a resolution…