DAY, Justice.
We will refer to the parties as they appeared in the trial court and as they appear here.
Plaintiff brought the action seeking injunctive relief to prevent the proposed construction of a street in the vicinity of his home and to enjoin the city from assessing a portion of the costs of the improvements to his property. Upon motion of the city to dismiss for the reason and upon the ground "that the petition fails to state a claim upon which relief...
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