City of Highlands v. Johnson

This action was brought by the appellee (plaintiff below) against the county treasurer of Arapahoe county and the city of Highlands to restrain them from selling his property for a delinquent assessment levied thereupon by said city for constructing a sewer. The treasurer was perpetually enjoined from selling; and from the decree so providing both defendants have appealed.

The grounds of the action, as set up in the complaint, are (1) that the assessment was void; (2) that the county treasurer had no warrant for its collection, and in attempting to do so was proceeding to take private property…