Heat Treat, Inc. v. Fiwek

— Appellants brought this suit for a permanent injunction to prevent appellees from collecting assessments levied on real property of appellants, after the Board of Public Works of the City of South Bend, Indiana, paved a certain portion of North Side Boulevard in said *253city along with appellants’ real estate abutted, and to quiet title to said real estate. Appellants contend that the Board of Park Commissioners rather than the Board of Public Works, had the authority and jurisdiction to make the improvements and levy the assessment.

After the issues were joined, trial was to the court on an…