Opinion
No. 12,859.
Decided February 29, 1932.
Action against municipal corporation to enjoin collection of alleged illegal assessments for special improvements. Judgment for defendants.
Reversed.
1. MUNICIPAL CORPORATIONS — Special Improvements — Illegal Assessments. This case controlled by the opinions in Santa Fe Land Improvement Co. v. Denver, 89 Colo. 309, and Ross v. Denver, 89 Colo. 317.
Error to the District Court of the City and County of Denver, Hon. Charles C. Sackmann, Judge.
Mr. ERNEST MORRIS, for plaintiff in error.
Mr. JAMES D. PARRIOTT, Mr. F. P. CRANSTON, Mr. R. C. HECOX, for defendants in error.
THE judgment and decree of the district court herein was rendered prior to the announcement of our decisions in Santa Fe Land Improvement Company v. City and County of Denver, 89 Colo. 309, 2 P.2d 238, and Ross v. City and County of Denver, 89 Colo. 317, 2 P.2d 241, and is in conflict therewith, as to the particular claim for damages herein involved, which fact is also stipulated.
The judgment and decree is reversed and the cause remanded, with instructions to the trial court to set aside and vacate its judgment and decree herein, and further proceedings, if any, are to be in accordance with our decisions in the above cited cases.