Legal Opinion

Holt v. City Council

Massachusetts Supreme Judicial Court

Decided September 4, 1879PublishedCited by 52 opinions

Petition for a writ of certiorari to quash the proceedings of the city council of Somerville, claiming to act under the St. of 1874, e. 97, in laying out and constructing a public park in Somerville, and in assessing betterments upon the estates of the petitioners. Hearing before Undicott, J., who reported for the determination of the full court the case which appears in the opinion.

1Opinion of the CourtColt, J.

By the St. of 1874, e. 97, the city of Somerville was authorized to take, by purchase or otherwise, certain described land situate within its limits, or any part thereof, for a public park. A description of the land taken was required to be filed, within sixty days, in the registry of deeds; and the city council was empowered to assess, within two years, a proportional share of the cost upon any real estate which, in its opinion, was benefited beyond the general advantage; but the assessment was in no case to exceed one half of the adjudged benefit. It further provided that the assessments…

2Cases cited18 opinions

  1. Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
  2. Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
  3. People Ex Rel. Herrick v. SmithNew York Court of Appeals · 1860
  4. People ex rel. Wilson v. SalomonIllinois Supreme Court · 1869
  5. Matter of Commissioners of Central ParkNew York Court of Appeals · 1872

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3Cited by52 opinions

  1. Shoemaker v. United StatesSupreme Court of the United States · 1893
  2. Lent v. TillsonCalifornia Supreme Court · 1887
  3. Burgess v. Mayor of BrocktonMassachusetts Supreme Judicial Court · 1920
  4. Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
  5. Byfield v. City of NewtonMassachusetts Supreme Judicial Court · 1923

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