Norton v. City of Boston
Massachusetts Supreme Judicial Court
Bill in equity, filed March 6, 1875, against the city of Boston and Michael Norton, to restrain a sale of certain land of the plaintiffs in Brighton, for nonpayment of a betterment tax assessed thereon for the widening of Market Street in Brighton before the annexation of that town to the city of Boston.
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Bill in equity, filed March 6, 1875, against the city of Boston and Michael Norton, to restrain a sale of certain land of the plaintiffs in Brighton, for nonpayment of a betterment tax assessed thereon for the widening of Market Street in Brighton before the annexation of that town to the city of Boston. The bill alleged that Market Street was not a town way or private way but a county way, which the town of Brighton had no legal power or right to widen, and for the expenses of widening which the town could not assess betterments; and that the defendant Norton, describing himself as…
1Opinion of the CourtEndicott, J.
The plaintiffs seek to restrain the defendants from selling their land for a betterment tax, assessed for the widening of Market Street in Brighton before the annexation of that town to Boston. By the act of annexation, St. 1873, c. 303, | 2, Boston is entitled to receive all uncollected taxes, and is subject to and liable for all the debts and obligations of the town of Brighton. The plaintiffs contend that Brighton had no author ity to assess the tax upon their land, because Market Street was a highway, and that Boston has the right to collect only legal taxes under the act.
Assuming that…
2Cases cited5 opinions
- Stone v. City of CharlestownMassachusetts Supreme Judicial Court · 1873
- Loud v. City of CharlestownMassachusetts Supreme Judicial Court · 1868
- Brewer v. City of SpringfieldMassachusetts Supreme Judicial Court · 1867
- Whiting v. Mayor & Aldermen of BostonMassachusetts Supreme Judicial Court · 1870
- Hunnewell v. City of CharlestownMassachusetts Supreme Judicial Court · 1871
3Cited by6 opinions
- Warr v. Collector of TaxesMassachusetts Supreme Judicial Court · 1920
- Welch v. City of BostonMassachusetts Supreme Judicial Court · 1911
- State v. LeavittSupreme Judicial Court of Maine · 1894
- Butchers' Slaughtering & Melting Ass'n v. City of BostonMassachusetts Supreme Judicial Court · 1884
- Macy v. Inhabitants of NantucketMassachusetts Supreme Judicial Court · 1876
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