State Ex Rel. Johnson v. City of Dayton

This case is submitted upon an agreed statement of facts.

In 1923, the council of the city of Dayton passed an ordinance providing for the paving of one of its streets on the special assessment plan. The ordinance created a local improvement district and authorized the issuance of local improvement bonds to the contractor in payment of the cost of the improvement. Notice was given of hearing on the assessment roll, and thereafter the assessment roll, no objections having been filed, was approved and confirmed by the city council. The improvement was completed and local improvement fund bonds…