Mosher

Appellant filed her bill in equity claiming that she owned a strip of land 50 feet wide and 204 feet in length within the limits of Second street between Van Burén and McDowell streets, as defined by the eity authorities in the eity of Phoenix, Ariz.; that the city commissioners, by resolution of intention No. 5065 and by resolution No. 5078, ordering the improvement of Second street between Van Burén and McDowell streets, are proposing to improve Second street to a width of 100 feet, which includes the 50 foot strip plaintiff owns.

We have held in the companion case of Mosher v. City of Phoenix (No. 6471) 54 F. (2d) 777, that a controversy as to the ownership of private land within the limits of the street, or alleged street, does not raise a federal question merely because the city authorities are proposing to improve the same under the state law, which as we have held in Collins v. City of Phoenix (No. 6470) 54 F. (2d) 770, does not authorize the improvement of private property. The decisions in Collins v. Phoenix, No. 6470, and Mosher v. Phoenix, No. 6471, require the affirmance of the decree of dismissal entered in the lower court, unless the allegations of the appellant’s…