In re the Assessment of Benefits, Costs & Expenses
Supreme Court of Minnesota
Upon application to the district court for Bamsey county to confirm the assessment for paving Concord street from Ada street to Annapolis street, in the city of St. Paul, John C. Elzy and others filed objections. The matter was heard by Dickson, J., who made findings and ordered that certain property of the objectors Henry Von Der Weyer, John C. Elzy, Walter H. Sanborn and Edward P. Sanborn be stricken from the assessment roll.
Read the full summary
Upon application to the district court for Bamsey county to confirm the assessment for paving Concord street from Ada street to Annapolis street, in the city of St. Paul, John C. Elzy and others filed objections. The matter was heard by Dickson, J., who made findings and ordered that certain property of the objectors Henry Von Der Weyer, John C. Elzy, Walter H. Sanborn and Edward P. Sanborn be stricken from the assessment roll. From the judgment entered pursuant to the order for judgment, the city of St. Paul appealed.
1Opinion of the CourtDibell, J.
This is an appeal by the city of St. Paul from a judgment of the Bamsey district court striking certain property from an assessment, and modifying the assessment by reducing the amounts assessed upon other property, for the paving and improving of Concord street.
The court found that the property stricken was not benefited by the improvement, and that the assessment upon the other property was greatly in excess of the benefits.
1. St. Paul has a home rule charter. The assessment of property is to be made “in accordance with the benefits deemed conferred thereon.” Section 244. It is a defense at…
2Cases cited12 opinions
- Norwood v. BakerSupreme Court of the United States · 1898
- Myles Salt Co. v. Board of Comm'rs of Iberia and St. Mary Drainage Dist.Supreme Court of the United States · 1916
- State ex rel. Oliver Iron Mining Co. v. City of ElySupreme Court of Minnesota · 1915
- Oertel v. PierceSupreme Court of Minnesota · 1911
- Eyre v. City of FaribaultSupreme Court of Minnesota · 1913
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Village of Edina v. JosephSupreme Court of Minnesota · 1962
- Buettner v. City of St. CloudSupreme Court of Minnesota · 1979
- Seidlitz v. County of FaribaultSupreme Court of Minnesota · 1952
- In Re Improvement of Third Street, St. PaulSupreme Court of Minnesota · 1932
- In re Improvement of Lake of the Isles ParkSupreme Court of Minnesota · 1922
8 more not listed; retrieve them via the Exa API.