Supreme Court of Colorado April 6, 1925, No. 10,912. (City & County of Denver v. Tihen)

Mr. Justice Campbell

delivered the opinion of the court.

The object of this action by J. Henry Tihen, as Roman Catholic Bishop of the diocese of Denver, plaintiff, against the City and County of Denver, defendant, is to restrain the city from collecting an assessment for a local improvement which it levied upon a cemetery, not for profit, situate within the city, legal title to which in fee is