Catts v. Town of Smyrna

Citations

• 10 Del. Ch. 490

Syllabus

<p>In the absence of anything affecting the validity of a town’s assessment for paving, curbing and guttering a street, the knowledge of the abutting owners, or any of them, that the improvements were being made, and that the cost was to be assessed against their land, the improvements being of special benefit thereto, estopped the owners from denying the sufficiency of the notice served on them, directing them to cause the paving, curbing and guttering.</p> <p>Where the curbing in a street was set some sixteen inches or more east of the correct west line of the street,, and so within the street, the town’s assessment against abutting owners for the cost of curbing and guttering was not invalid or unlawful by reason of the error in locating the curbs and gutters, so that the owners were not entitled to equitable relief against the assessment, as they suffered no injury.</p>