The amended petition did not state a cause of action for declaratory judgment; therefore, the court did not err in sustaining the general demurrer and in dismissing the action.

Dr. William Troy Bivings brought an action for declaratory judgment against the City of Atlanta, William H. Black, Jr., David G. Black and Charles H. Black, Jr. In the petition, as amended, the plaintiff alleged substantially: that the Blacks had developed a subdivision in the City of Atlanta and that Broadland Road was a private road leading into said subdivision; that Broadland Road adjoined 500 feet of the plaintiff's property; that the City of Atlanta had paved and curbed Broadland Road and had assessed the plaintiff for such construction based on his 500-foot frontage. The plaintiff alleged that his property was not improved or benefitted by such improvements and alleged other reasons why the paving, curbing and the assessment against him were illegal. The plaintiff prayed: that the cost of improving Broadland Road be assessed against the owners of the subdivision and the owners of the property which was improved thereby; that the city be restrained and enjoined from issuing a fi. fa. against the plaintiff or his property and from taking any steps to collect any money from the plaintiff for the improvement of Broadland Road and that any assessment theretofore issued against the plaintiff for the improvement of Broadland Road be declared unlawful, void and of no effect. The defendants' general demurrer on various grounds, one of which was that the amended petition did not state a cause of action for declaratory judgment, was sustained, the action was dismissed and the plaintiff excepts.

J. This case falls squarely within the facts and rulings in Mayor &c. of Athens v. Gerdine, 202 Ga. 197, 198 (2) (42 S. E. 2d 567), in which it was held: "Applying the foregoing principle to the petition in the instant case, seeking a declaratory judgment, the demurrer, challenging the propriety of a declaratory judgment, should have been sustained. The petition showed that the Mayor and Council of Athens, after adopting an ordinance providing for the resurfacing of a certain street adjacent to the property of the plaintiff, had actually performed the work of resurfacing, and had assessed his property for his proportionate part of the cost of the work. The plaintiff alleges that the defendants had no right to assess his property and that, therefore, the assessment was void for a number of reasons assigned; and prayed that the assessment be declared invalid, and that the defendants be restrained from issuing and levying an execution under the assessment. The petition in no wise indicates that he is without an adequate remedy in law or equity, nor does it show the existence of any facts or circumstances such as would render an adjudication of his rights necessary in order to relieve him from the risk of taking any future undirected action incident to his rights, which action without direction would jeopardize his interest."

The court did not err in sustaining the general demurrer to the amended petition and in dismissing the action.