City of Elizabethtown v. Lanz

Opinion of the Court by

Judge Clarke

-Affirming.

Tbe single question presented by. this appeal from a judgment enjoining enforcement of a city improvement ordinance is, as counsel agree, whether Elizabethtown is a city of the fourth class, as held by the lower court, or a city of the fifth class, as contended by appellants.

This depends, as counsel also agree, upon whether chapter 82 of the 1924 Acts is valid, -since that act, the last on the subject, classifies Elizabethtown as a fourth and not a fifth class city.

The invalidity of this act is asserted because of the following facts: In the…