188 Ind. 586 | Ind. | 1919
— The decree from which this appeal was taken was rendered by the superior court of Marion county in a suit brought by appellees, who were the owners of real estate outside of the city of Indianapolis on which assessments had been made to pay a portion of the costs and expenses of appropriating and improving certain land for parkway and boulevard purposes. The purpose of the suit was to obtain an injunction restraining the defendants from enforcing the collection of such-assessments against the lands of appellees and a judgment quieting the title of appellees in their lands as against the assessments so made, on the theory that the statute authorizing the proceeding in pursuance of which the assessments were made is void in so far as it purports to authorize assessments on lands outside the corporate limits of the city because it is in conflict with certain provisions of the state and the federal Constitutions. As shown by the complaint, the proceedings were instituted by the board of park commissioners of the city of Indianapolis under the provisions of chapter 231 of the acts of 1911, which is ah act concerning the department of public parks in cities of the first and second classes. Acts 1911 p. 566, §8748 et seq. Burns 1914. The complaint shows that such steps were taken in the proceeding under the act and in compliance with its' provisions as resulted in fixing the assessments which, by the prayer of the complaint, appellees asked the court to annul.
A demurrer addressed to the complaint was overruled, to which ruling appellants excepted. "On the refusal of appellants to answer, the court entered a decree enjoining appellants from taking any steps to enforce the assessments against the tracts of land described in the complaint, and adjudged that the title of appellees to the several tracts owned by each be quieted. The action of the court in overruling appellants’ demurrer to
The statute under consideration is not in conflict with the provisions of the state or the ffederal Constitutions in any of the particulars stated in the complaint. It is a valid enactment as against the attack so made, and
Judgment reversed, with instructions to sustain appellants’ demurrer to the complaint.
Note. — Reported in 125 N. E. 38.