City of Huntsville v. Gudenrath
Supreme Court of Alabama
Certiorari to Court of Appeals. The City of Huntsville appealed from a judgment rendered against it at the suit of Otto Gudenrath, and the Court of Appeals reversed and remanded the cause, which is reported as City of Huntsville v. Qoodenrwbh, in 13 Ala. App. 579, 68 South. 676. Gudenrath brings certiorari to review and revise the judgment and decision of the Court of Appeals.
1Opinion of the Court
ANDERSON, C. J.—(1) Under the statute, as well as section 223 of the Constitution, no assessment can be made against the lot of an abutting owner for street improvements, unless the value of the property has been specially enhanced as a result of the improvements. The result is the ascertainment of this fact is essential to the assessment, and if an assessment is made against the property it necessarily involved a finding that the property had been benefited and not damaged.(2) Regardless of the general doctrine of res judicata as an estoppel, we have in the case at bar a statutory estoppel,…
2Cases cited3 opinions
- Wight v. DavidsonSupreme Court of the United States · 1901
- City of Birmingham v. WillsSupreme Court of Alabama · 1912
- City of Decatur v. BrockSupreme Court of Alabama · 1910
3Cited by36 opinions
- Stone v. WilliamsCourt of Appeals for the Second Circuit · 1992
- Stone v. WilliamsCourt of Appeals for the Second Circuit · 1992
- Alabama Power Co. v. ThompsonSupreme Court of Alabama · 1947
- Gill v. MoreSupreme Court of Alabama · 1917
- Vernon v. StateSupreme Court of Alabama · 1941
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