Fritz v. Town of Clermont

This appeal is from a judgment of the trial court against the plaintiffs-appellants Walter E. Fritz and Ramona J. Fritz on their amended complaint appealing a sewer construction assessment. The primary issue here presented is whether a 32.7 acre tract of land already receiving sewer service is specially benefited by the construction of “trunk and main” sewers within a designated assessment area.

The instant appeal turns upon the interpretation to be given to Acts 1967, ch. 128, as found in IC 1971, 19-2-7-1 to 19-2-7-20, Ind. Ann. Stat. §§ 48-3948 to 48-3967 (Burns Cum. Supp. 1972). We will…