Schmidt v. Village of Deer Park

OPINION

By THE COURT:

This is an appeal on questions of law from a judgment enjoining the collection of street and sidewalk assessments. The improvements were commenced and the assessments levied in the latter part of 1938. The improvements were completed in November, 1939. This action was instituted on the 25th day of February, 1941.

The assessments were levied on the basis of the footage-fronting' upon the streets improved. There is some evidence of the value of the property after the improvement which shows that the assessments were less than one-third that» value. There is no evidence of the…