Fry v. Poe

Hart, C. J.,

(after stating the facts). Hnder §27, art. 19, of our Constitution, a municipal corporation cannot construct a local improvement by assessment of benefits on real property until and unless a majority in value of the owners of real property within the proposed district have consented thereto. We have many times held that this section of the Constitution is mandatory and jurisdictional, and that no improvement districts can be established within the limits of a municipal corporation without complying with its provisions.

In the case at bar the chancellor, in determining whether or…