Page:North Dakota Reports (vol. 48).pdf/642

 JOHN R. JONES et al., Appellants, v. THE CITY OF HANKINSON, in Richland County, North Dakota, a municipal corporation, et al., Respondents.

Municipal corporations—in a suit to enjoin officers from constructing water works and sewer systems, the burden of proving irregularities is on complainants.

1. In an action brought by certain tax-payers of the City of Hankinson to enjoin the officers of that city from proceeding further with the construction of certain waterworks, and sewer systems, it is held:

That the plaintiffs have the burden of proving the irregular:ties alleged in their complaint.

Municipal corporations—in action to enjoin officers from proceeding to construct improvements, evidence held not to show that a majority of owners affected signed protest.

2. That the evidence does not establish that the alleged protests were signed by the owners of a majority of the property liable to be specially assessed for the improvements.

Municipal corporations—in proceedings to enjoin officers from proceeding with construction of waterworks and sewer systems, evidence held not to show that officers acted fraudulently.

3. That the evidence does not establish that the officers of the city acted fraudulently.

From a judgment of the District Court of Richland County, Cooley, Special J., plaintiffs appeal.

Affirmed.

J. A. Dwyer, and W. S. Lauder, for appellants.

It is well settled that when a municipal corporation seeks to impose upon the citizens the burden of making public improvements and to hold the property of the citizens liable therefor the statutes authorizing such improvements must be strictly construed. Mason v. City of Sioux Falls, S. D. 51 N. W. 770; McLaren v. City of Grand Forks, N. D. 6 Dak. 397,