City of Decatur v. Brock
Supreme Court of Alabama
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Certiorari on behalf of John L. Brock directed to the city of Decatur to review the action of said city in making street improvements and assessments therefor. The trial court granted the writ and on the hearing quashed the proceedings, and the city brings this appeal.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Certiorari on behalf of John L. Brock directed to the city of Decatur to review the action of said city in making street improvements and assessments therefor. The trial court granted the writ and on the hearing quashed the proceedings, and the city brings this appeal. The act is not unconstitutional as a deprivation of property without due process of law. — 7 Page & Jones, 141; 2 Page & Jones, 747; 76 Am. St. Rep. 457; 80 Pac. 116; 191 U. S. 821; 184 U. S. 115; 184 U. S. 61; 183 U. S. 307; 167 U. S'. 590; 80 Pac. 125.…
1Opinion of the CourtAnderson, J.
Section 223 of the Constitution of 1901 says: “No city, town, or other municipality shall make any assessment for the cost of sidewalks or street paving, or for the cost of the construction of any sewers against property abutting on such street or sidewalk so paved, or drained by such sewers, in excess of the increased value of such property by reason of the special benefits derived from such improvements.” Sec. tion 9, Act 1907, p. 300, providing for the power and authority to assess cost of street improvements, says “that in no case shall the assessment against any lot or parcel of land be…
2Cases cited12 opinions
- Norwood v. BakerSupreme Court of the United States · 1898
- Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893
- City Council v. BirdsongSupreme Court of Alabama · 1899
- Hayes v. Douglas CountyWisconsin Supreme Court · 1896
- Smith v. City of OmahaNebraska Supreme Court · 1896
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3Cited by27 opinions
- City of Birmingham v. WillsSupreme Court of Alabama · 1912
- City of Huntsville v. GudenrathSupreme Court of Alabama · 1915
- McRea v. Marion CountySupreme Court of Alabama · 1931
- City of Tuscaloosa v. HillSupreme Court of Alabama · 1915
- Nashville, C. & St. L. Ry. Co. v. Town of BoazSupreme Court of Alabama · 1933
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