Burks v. City of Lafayette

The plaintiffs in error, who. will be here referred to as plaintiffs, seek review of a judgment of the district court dismissing their complaint which demanded injunctive and mandatory relief against the council of the City of Lafayette. As tax-paying electors, plaintiffs presented to the city council a referendum petition demanding the repeal of Ordinance No. 355 which provided for an improvement district within the city of Lafayette, Colorado, in order to carry out a program of street paving. The ordinance in question declares:

“An emergency exists for the preservation of the public health,…