Farm & Home Investment Co. v. Gannon

GUNN, Acting Presiding Judge.

The source of this litigation is a water main extension contract between defendants-appellants property owners and the City of DeSoto. Plaintiff-respondent, which sought to tap on to the water line, objected to the proposed fee to be charged and challenged the validity of the contract by declaratory action. The trial court found the contract void and that the water main had been dedicated to public use. We reverse and remand for a determination of the reasonableness of the tap-on fee.

Defendants were the developers of a shopping center within the city limits of…