Collins v. City of Phœnix

DIETRICH, Circuit Judge.

This is an appeal from an order of the United States District Court of Arizona denying plaintiff’s application for a temporary injunction restraining the city of Phoenix from proceeding with certain street improvements, the cost of which is to be assessed against abutting property.

His first contention is that the city officers are wholly wanting in the power so to assess and collect the cost. Under the Constitution of Arizona cities are created, not under any legislative act, special or general, but pursuant to a vote of the inhabitants. Hence, in the charter so…