Lewis v. City of Lockport

An ordinance providing for an assessment

for local improvements involving the construction of a drain and sewer pipe was adopted by the Council of the city of Lockport in 1927. It ordained that the expense of the improvement, aside from a portion to be borne by the city as a whole, was to be defrayed by an assessment on the real property benefited. The assessment was confirmed by the Council in 1929.

This equity action to remove a cloud on title and to recover partial payments made on the assessments, was instituted in 1935 by one of the property owners thus assessed. The complaint alleges…