Toncray

Appellant brought this action in equity to restrain the city of Phoenix, a municipal corporation, its employees and servants, from letting a contract for a proposed street improvement under a resolution of intention theretofore enacted by the city commission, the legislative body of said city, upon the ground that the property of the plaintiff will be thereby taken without due process of law and in violation of the-Fourteenth Amendment of the Federal Constitution. The jurisdiction of the federal courts is„ invoked solely on the ground that the proceedings under attack and under the circumstances alleged in the complaint violate the Fourteenth Amendment of the Constitution; there is no diversity of citizenship. Proceedings were instituted by the city commissioners of the city of Phoenix under the provisions of article 16, section 511 et seq., of the Revised Code of Arizona of 1928. This statute follows in a general way the method of procedure usually outlined'by statutes for the assessment of the cost of street improvements in a district to be ascertained and defined by a local board, the assessment to be apportioned upon the property in accordance with the benefits received by…