Waterworks and Sanitary Sewer Board v. Dean

PER CURIAM.-

■ This is a suit in equity by appellee seeking by a declaratory judgment an adjudication as to the right and power of the Waterworks and Sanitary Sewer Board of Montgomery to charge and collect a service fee for the use of its sanitary sewer system.

The contention is that the law uñdér which the board is acting is unconstitutional' and void, and that the statute does not permit the charge because the system was constructed at the cost of adjacent property owners.

There was a demurrer to the bill on behalf of the respondents. This demurrer was overruled. All the respondents unite in…