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Show Attacks Moab Water WaterAnd WaterAnd WaterAnd And Sewer Bond Issue i In a complaint compl\lnt compl lnt complsint ' \ filed flIed with the theclerk theclerk clerk of the district court this ' \ weekJohn eek eekJohn John Peterson has brought suit suitagainst suitagainst agamst against the town OO\\n OO n ton \ \ of Moab to re- re recover recover re recover - - cover taxes v . which shich hlCh he alleges were wereillegally wereillegally wereillegally illegally collected ccllected from him last lastear lastyear lastyear year ) -ear ear - by reason reascn of the Moab water- water waterv waterworks water-vorks water vorks - v works Ort _ < ; and sc\\ sc sewer scer sever \ er system tax levy levyHe levyHe levyHe He also seeks an injunction 111junction re- re restraining restraining re restraining - - straining the town of Moab from frommaking frommaking frommaking making an any } further levies agamst against agamsthIS againsthis againsthis hIS property propert propert3 ) for the purpose of ofmet'tmg ofmeeting ofmeeting met'tmg mettmg meeting ' payments en C11 the water waterand waterand waterand and sewer bondsThe bondsThe bonds bondsThe The complaint sets out four fourcauses fourcauses tourcauses causes of action The first seeks to torecover torecover recover $4901hleh $49 49 $4901 4901 $ 01 \ which \\hleh hleh \ the plaintiff plaintiffalleges plaintiffalleges I alleges he paid under the water waterand ' \ waterand ater aterand and se\\ se sewer seer \ er levy The second seccnd seeks seeksto seeksto seeksto to rccc\ rccc recover rcccer \ er $45 45 $4530 4530 $ 30 allegedly col1ected coliected col1ectedflom coliectedfiom collectedfiom flom fiom the Peterson Mercantile com- com corn- corn company cornpany com company - pany under the same levy , the thethird thethird thethird third represents repre.sents . a claim of $38 38 $ 15 15whIch 15which whIch ' \ hich plaintiff alleges has been as- as asSIgned assigned as assigned - signed to him h1m by the Moab .P1p P1p . PipeLine Pipe PipeLine ( , Lme Line company , \ while shile \ hIle the fourth fourthrepI fourthrepiesents fourthrepiesents repI repiesents esents an assignment of of$33.25 of33.25 of3325 $33.25 33.25 3325 $ . . made to him by b3 b ) Annie AnnieLand AnnieL Land L and W D Hinton Hmton It Itis Itis 1 is < ; alleged al1eged that all of these amounts amountswere amountswere were paid to the county treasurer treasurerunder treasurerunder treasurerunder under protestThe protestThe protest protestThe The town bond isoue i5ue 1sue ; ) is attacked attackedas as illegal and void It is 15 asserted assertedthat assertedthat assertedthat that the bond ' election E'lection held July 3 3,1934 31934 , 1934 , . whereat the taxpayers ap- ap approved approved ap approved - - proved an issue of $32 32 $ 000 of water water- waterworks waterworks waterworks - works and sev ses sewer . er bonds , was 11legal illegal illegalthat , that the town tov.n tovn . board illegally Illegal1y IS- IS ISsued issued is issued - sued and sold the bonds for $32- $32 32 $ $32 32 $3234819 $ -34819 34819 - 348 19 and with part of the pro- pro proceeds proceeds pro-ceeds pro ceeds - ! ceeds installed mstalled a watern waterworks watercorks orks and andse andseer andsewer se\\ se seer \ ; er system , that in 1935 levied a . atax atax ta tax > . of 10 mills mms for the payment pament } of ofinterest ofinterest interest and principal prinClpal on the bonds bondsluch bondslnch bondswinch \\luch luch \ lnch levyas levy ' \ was \\as as as illegal , that the themoney themoney themoney money derived denved from the bond issue issueas issuesas issuewas \\as as sas \ not used . to install mstall said system s3stem s stem ; : that the town te\\11 te 11 \ \ has failed falled and re- re refused refused re refused - - fused to charge sufficient rates for forater forwater forwater \\ater ater water \ \ and sewer sev.er sever . . service to payoff payoffthe pay of oftthe ! the bonds , that the town has paId paIdout paidout paidout out large sums of money for sup- sup superVlSlon supervision sup supervision - ervision erVlSlon \ which shieh \ hlCh necessitated in m part partthe partthe partthe the 10-mill 10 mill 10-mtll mtll - levy , and that S21d said saidaterscrks saidwaterworks \ ; a aterscrks tern crks and se\\ se setter seer sev.er sever \ . er system in no rio rioaay noway -aay aay \ - \ ay benefits the property of the theplamtIff theplaintiff theplaintiff theplaintiffThe plamtIff plaintiff plamtIffThe plaintiffThe The plaintiff plamtitI Peteison Petelson is repre- repre represented repre represented - - sented by Attorney F B Ham Ham- Hammond Hammond - mond reprejsented repre-j repre j |