Legal Opinion

Boellner v. City of Maumee

Ohio Supreme Court

Decided July 3, 1974No. Nos. 73-491 and 73-499PublishedCited by 1 opinion

1Per curiam

A municipality which expends funds for improving a street may utilize R. C. Chapter 727 to recoup a portion of its expenditures. The procedure established therein involves the levying and collection of special assessments against property specially benefited by the project. However, the municipality can not assess its total expenditures. Omitting an exception not relevant to this case, R. C. 727.05 places the following limitation on a municipality’s assessment powers:

“The municipal corporation shall pay such part of the total cost of improvements for which special assessments are levied under…

2Cases cited2 opinions

  1. Butler v. City of ToledoOhio Supreme Court · 1855
  2. Stockdale Borough v. AstleSupreme Court of Pennsylvania · 1963

3Cited by1 opinion

  1. Ninth Street Community Paving Project Committee v. City of IrontonOhio Supreme Court · 1986

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