Berndt v. City of Ottawa

The opinion of the court was delievered by

Wertz, J.:

This was an action to enjoin the City of Ottawa from certifying to the county clerk of Franklin County for collection cer tain asessments made in connection with the paving of a street. The proceeding, so far as pertinent to the question involved in this action, may be stated as follows:

Pursuant to a petition signed by a majority of real property owners liable for taxation, the City of Ottawa passed an ordinance which authorized the paving of Cottonwood between Tenth and Eleventh streets. The street was paved and another ordinance was passed…