Smith v. City of Garden

Plaintiffs are owners of real estate in defendant city. They brought this suit to have (certain special tax assessments against their propferties for sewers, water mains, and a pumping station, decreed to be void, and enforcement thereof enjoined.

In 1955 the Biltmore Building Company, not a party to this suit, subdivided certain land it owned in defendant city into lots and built houses on them. Some of plaintiffs’ lots are in, and others adjacent to, the Biltmore subdivisions. Biltmore desired construction of the sewers, water mains, and pumping station to make its lots suitable for…