WATERWORKS AND SANITARY SEWER BOARD v. DEAN

3 Div. 654.

69 So.2d 704 (1953)

WATERWORKS AND SANITARY SEWER BOARD et al. v. DEAN.

Supreme Court of Alabama.

Rehearing Denied January 15, 1954.


Attorney(s) appearing for the Case

Walter J. Knabe and Hartwell Davis, Montgomery, for appellants.

R. Lea Harris, Montgomery, for appellee.


PER CURIAM.

This is a suit in equity by appellee seeking by a declaratory judgment an adjudication as to the right and power of the Waterworks and Sanitary Sewer Board of Montgomery to charge and collect a service fee for the use of its sanitary sewer system.

The contention is that the law under which the board is acting is unconstitutional and void, and that the statute does not permit the charge because the system was constructed at the cost of adjacent...

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