Ashley

This appeal is taken by the City of Anchorage, defendant below, from a judgment granting the motion for summary judgment made by the plaintiffs below, the Ashleys, in their suit to enjoin the City from asserting any lien on the Ashleys’ real property, arising from an assessment for a certain sewer improvement. Summary judgment was granted the plaintiffs on the ground that the sewer improvement assessment made by the City was void because of the City Council’s failure to comply with the Alaska statutes providing for such assessments.

The City attacks this judgment on the grounds that: (a) the City Council’s action in imposing the assessment was a proper compliance with the statutes; and (b) summary judgment was erroneous since the pleadings and affidavits on file put in issue the factual questions whether the Ashleys were estopped to sue by their acquiescence in the improvement or had waived their right to challenge the council’s compliance with the statutes by making other and more specific objections to the assessment before the Council.

The statutory provisions involved are the following from Alaska Compiled Laws Annotated 1949:

By special election on March 27, 1947, the…