Baker v. Dahlman

Shepherd, District Judge.

The instant case involves the resurfacing of a number of contiguous and intersecting streets in Omaha, quite a large-district in the residence portion of the city. The city council proceeded under section 3571, Comp. St. 1922, which provides for the surfacing of a street or part of a street without obtaining a petition from the adjoining property owners, and charged the cost to the abutting property. The-plaintiffs (appellees here) brought suit to enjoin the collection of the special -assessments and to cancel the same. Upon trial the district court entered a decree…