Village of South Jacksonville v. Emberton

The Village of South Jacksonville initiated this proceedings to spread an assessment to cover a portion of the cost of constructing concrete pavement, curb and gutter, and a storm sewer on a portion of two village streets. Appellee property owners filed a number of objections. Certain objections were sustained by the trial court and the petition of the Village was dismissed. This appeal followed.

The objections which were sustained by the trial court and upon which its judgment of dismissal was based presents these points: (1) that the district to be benefited by the proposed sewer improvement…