Lewis v. Kanab City

TUCKETT, Justice:

This action was commenced by the plaintiffs whose properties were assessed by the defendant city pursuant to proceedings to establish a special improvement district. The plaintiffs filed their complaint in the district court seeking to have the proceedings establishing the special improvement district declared invalid. Kanab City moved for an order dismissing the complaint which was granted pursuant to Section 10-16-28, Utah Code Annotated 1953.

It appears that the trial court relied on the following provisions of the section above referred to:(1) No assessment or proceeding…