Cady v. City of Hamilton

The facts are not in dispute except as to the amount of excess cost, if relief .should be granted.

We are of opinion that the defense of estoppel is not maintainable in this action.

The petition was based upon the construction of sanitary sewers for Griesmer subdivision, which subdivision contained approximately 52 acres of land.

It is admitted that the sewer as constructed was designed for taking care of approximately 200 acres of unimproved territory on the basis of future development, which may or may not occur. The estoppel must be held to only apply to the sanitary sewer for the territory…