Town of Cherokee v. Weaver

This case arose from an attempt by the Town of Cherokee (appellant) to assess Will R. Weaver (appellee) for his proportionate share of the cost of constructing a sewer system.

This is the second time this attempted assessment has led to an appeal to this court. In Weaver v. Town of Cherokee,397 So.2d 548 (Ala.Civ.App. 1981), this court remanded the case to the trial court for a new trial due to Cherokee's failure to comply with section 11-48-29, Code of Alabama 1975. On remand the trial court held that the assessment against Weaver was void. Cherokee appeals from this ruling. For the reasons…