Gray v. City of Santa Fe

MURRAH, Circuit Judge.

This appeal grew out of the same facts, before this court, in Gray v. City of Santa Fe, 10 Cir., 89 F.2d 406, and necessitates a further consideration of the same facts *376and law, supplemented by the conduct of the parties subsequent to our decision in the former case.

By appropriate ordinances enacted by the City of Santa Fe, New Mexico, on March 13, 1922, provisions were made for the paving of certain of its streets. The ordinances provided for the issuance of assignable certificates payable by special assessments to be levied against the abutting property, and creating a…