“On the record before us the equitable obligation of these appellants cannot be disputed. . . . The assessment voluntarily made by the large majority of lot owners appears fair and equitable.”
How later courts described this case
- “On the record before us the equitable obligation of these appellants cannot be disputed. . . . The assessment voluntarily made by the large majority of lot owners appears fair and equitable.”
Written by the judges who cited it.
The opinion
SUPPLEMENTAL MEMORANDUM ON MOTIONS FOR REHEARING
BLACKMAR, Judge.
Both parties have filed motions for rehearing. It is unusual for the winning party to do so, but I can understand the confusion because of the Court’s stubborn insistence on the dicta contained in the first paragraph of Part II. I am sure that lawyers and judges will likewise be confused by this paragraph, which pronounces a part of the decree void but then proceeds to give it effect. The authority of the case, however, is determined by the result and not by unnecessary pronouncements. The opinion, then, sustains the exercise of equitable jurisdiction.