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WEAVER v. TOWN OF CHEROKEE

Civ. 2453.

397 So.2d 548 (1981)

Will R. WEAVER v. TOWN OF CHEROKEE, Alabama, a Municipal Corporation.

Court of Civil Appeals of Alabama.

April 8, 1981.

Attorney(s) appearing for the Case

John D. Clement, Jr., Tuscumbia, for appellant.

Gene M. Hamby, Jr., of Pitts & Hamby, Sheffield, for appellee.

BRADLEY, Judge.

On July 19, 1971 appellee, Town of Cherokee, enacted into law local improvement ordinance no. 175-B for the construction of a sanitary sewer system within the town's corporate limits. The ordinance was so phrased as to comply with §§ 11-48-5(a), (b) and 11-48-6 of the 1975 Code of Alabama. Section five of the ordinance provided that:

The cost of constructing and installing the said sanitary sewers and appurtenant improvements shall...

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