(Download) "Robbins v. Water and Sewage Dist." by Supreme Court of the United States # Book PDF Kindle ePub Free
eBook details
- Title: Robbins v. Water and Sewage Dist.
- Author : Supreme Court of the United States
- Release Date : January 04, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
How does one assert and foreclose a lien on the property of another when no services, work, or materials have been furnished to the owner? The answer is that one cannot, and that answer is dispositive of the first case in these consolidated appeals although the decision is premised on an issue that is somewhat different from the questions posed to the district court. In that case, No. 89-272, we resolve a question of jurisdiction that we are entitled to consider even though it was not raised in the district court. In the second case, No. 89-273, we treat with the question of whether A.V. Robbins (Robbins) was entitled to a contested case hearing with respect to his claim that his two mobile homes had been joined in such a way that they constituted a single structure so that only one water and one sewer connection was required instead of two. We conclude that this record reveals that the jurisdictional facts that must be demonstrated in order for the South Cheyenne Water and Sewer District (District) to foreclose its lien are not present. Consequently, the case docketed here as No. 89-272 must be reversed and remanded with directions to dismiss the Districts complaint. We affirm the determination by the district court that Robbins was not entitled to the contested case hearing that he sought by a declaratory judgment action in the second case. The judgment of the trial court in that case is affirmed.