Richmond

This action is one brought by plaintiff as a taxpayer of the City of Richmond for the purpose of enjoining said city from proceeding, carrying out, and operating under a lease that is void because of its execution in excess of the powers of the city and in a manner other than provided by the charter. The court sustained a demurrer to the complaint without leave to amend. This appeal is from the judgment for the purpose of reviewing the order.

The complaint was filed August 7, 19231 It is alleged therein in substance that the City of Richmond was at the commencement of the action and at all times mentioned in the complaint the owner in fee-simple absolute of and in possession of certain real estate situate in the City of Richmond and containing some 1,098 acres of land, which is alleged to be a portion of the waterfront of said city. It is further alleged that the city holds such property under a public trust for the improvement of commercial facilities by the erection of wharves and other commercial conveniences along its waterfront, and the regulation and collection of wharfage and dockage and other income from its use. The complaint, proceeding, charges the City of Richmond,…