Hill Realty Company v. City of Mountain Brook

COLEMAN, Justice.

This is an appeal by a property owner from a judgment granting the city’s motion to-dismiss the owner’s appeal to the circuit court from an assessment levied by the city to pay the costs of an improvement made by the city on a street abutting the owner’s property.

The record indicates that the learned trial judge based the dismissal of the appeal on the ground that the owner had failed to file an objection in writing as is required by § 535, Title 37, Code 1940, which recites as follows:

“§ 535. Written objections or defenses to assessments; filing of. — The owner or owners of…