City of Denver v. Denver Land Co.

We are asked to review a decree of the district court rendered in an action or proceeding brought under our so-called declaratory judgments statute, Session Laws 1923, chapter 98, p. 268. The controversy grows out of a contemplated plan of the defendant city to create a storm sewer district, within its boundaries, and to assess the cost of its construction upon all the real estate situate therein by levying a tax thereon strictly in proportion to “area,” which means that each piece or lot of real estate in the district is to be assessed in proportion as the area thereof is to the total area…