Toncray v. City of Phoenix

WILBUR, Circuit Judge.

Appellant brought this action in equity to restrain the city of Phoenix, a municipal corporation, its employees and servants, from letting a contract for a proposed street improvement under a resolution of intention theretofore enacted by the city commission, the legislative body of said city, upon the ground that the property of the plaintiff will be thereby taken without due process of law and in violation of the-Fourteenth Amendment of the Federal Constitution. The jurisdiction of the federal courts is„ invoked solely on the ground that the proceedings under attack…