City of Damascus v. Bivens

David Newbern, Justice.

The issue presented in this appeal is whether a city which obtains physical improvements pursuant to an illegal contract may be held liable for the value of the improvements. We agree with the trial court’s judgment that it may, and thus we affirm.

In his complaint, the appellee, Bivens, alleged that in July, 1985, he entered into a contract with the appellant City of Damascus, and the named mayor and city council members, whereby he would reseal streets in the city for $16,262. He alleged the city had made a $3,000 down payment but had failed to pay further. He sought a…