Schlarb v. NORTH SUBURBAN SANITATION DISTRICT

Opinion by

Mr. Justice Knauss.

We shall refer to the parties as they appeared in the trial court, where plaintiff in error was plaintiff and defendant in error was defendant.

Plaintiff brought this action to recover a sum of money paid to the defendant as a condition of having his property voluntarily annexed to the defendant district. Judgment was in favor of defendant and plaintiff brings the case here on writ of error.

Defendant is a sanitation district organized pursuant to C.R.S. ’53, 89-5-1, et seq., as amended. At the time of the organization of the defendant district the lands belonging…