Duncan Development Corp. v. Crestview Sanitary District

The two questions raised are: (1) Whether the special assessments levied against all the property in the district by the Crestview Sanitary District to finance the cost of the proposed elevated water-storage tank with appurtenances are valid, and (2) whether the particular assessments against the plaintiffs5 property are arbitrary, unreasonable, and excessive.

Plaintiffs contend the town sanitary district is without power to levy a special assessment on all real property there in and special assessments cannot be levied for general improvements which they argue the elevated water-storage tank…