Brannigan v. Schneck

MISER, Circuit Judge.

In this action plaintiff seeks to have his property decreed to be outside the city limits of Clark and relieved from special assessments levied for the construction of a sewer therein. He contends, first, that the outlots involved are not within the city; and, second, that, if within the city, no benefit accrue to plaintiff’s property, because (a) the sewer does not extend to within i,8oo feet of plaintiff’s property, and, (b) if same were extended, the ground is so level that the extension of thq sewer at a sufficient depth under the ground to avoid- freezing would not…