State Ex Rel. Truax v. Town of Lima

On Motion for Rehearing.

Relators’ petition for rehearing asserts that this court overlooked the fact that it is alleged in the petition for writ of mandate and admitted in the answer that the improvement district in question was created after authorization by the vote of the taxpayers affected. Elsewhere in the petition for writ of mandate it appears that the vote of the taxpayers affected was the vote of the taxpayers in the district. This authorization by the voters of the district did not have the effect of making tlm water system a city project as distinguished from a project of the…