City of Atlanta v. Johnson
11 S.E.2d 656 | Ga. | 1940
It was error to refuse to dismiss, on demurrer, a petition seeking to enjoin the City of Atlanta from enforcing against an abutting-property owner as assessment for the cost of lowering a sewer on the avenue upon which petitioner's property fronts, notwithstanding allegations that there is already a sewer constructed thereon which adequately serves her lot, and that the lowering of the sewer is for the benefit of the owners of property on the opposite side of the street, and would not benefit her property.
Judgment reversed. All the Justices concur.