Oehmig v. City of Chattanooga

This proceeding under the declaratory judgments law presents an inquiry into the constitutionality of chapter 743, Private Acts of 1933, amending chapter 150, Private Acts of 1929. The chancellor sustained defendant’s demurrer to the bill and declared the amendatory act void. He held that it was violative of article 2, sections 28, 29, of the Constitution, because it authorized the application of unexpended municipal funds to the relief of taxpayers from special assessments for street improvement within the limits of Biverview.

The object of the original act was to extend the corporate limits…