Gardiner v. City of Omaha

This is a suit to enjoin the collection of a paving assessment of $80.64, which had been levied against a lot owned by plaintiff in the city of Omaha. Invalidity of a curative statute authorizing the assessment is the ground on which the injunction is sought. The district court upheld the act and sustained a demurrer to the petition. From a dismissal of the action plaintiff has appealed.

The following statements are summarized from the petition: In 1898 defendant levied against plaintiff’s lot a void paving assessment which was canceled by a decree of the district court for Douglas county in…