Day v. Mummey

This appeal is on questions of law and fact from decree entered by the Common Pleas Court of Lake County enjoining the levy of special assessments for storm sewers against plaintiffs’ properties.

In 1932 a twenty-four inch storm sewer was installed in front of plaintiffs’ properties fronting on Center Street in the City of Painesville. At the time of this installation a tract of some one hundred thirty acres lying generally to the south of the Center Street properties was relatively undeveloped. This *194one hundred thirty acre tract, hereinafter called the uplands, was on a higher grade than…