Hoffman v. City of Rochester

On February 2, 1932, appellants began this action seeking a declaratory judgment under sections 3-1101—3-1107, Burns 1933. It is alleged that plaintiffs are the owners of real estate abutting upon Jefferson street, in the city of Rochester, but it is not alleged that they are all of the owners of real estate abutting upon that street; that prior thereto the defendant councilmen, acting as the board of public works of the defendant city, passed a resolution for the improvement of Jefferson street by grading and paving at the expense of abutting property; that thereafter a majority in number of…