Charnock v. Fordoche & Grosse-Tête Special Levee District Co.
Supreme Court of Louisiana
PPEAL from the Fifteenth District Court, Parish of Pointe Coupée. Toist, J. 1. Acts 78 of 1876, and 46 of 1877, create a special levee district, and authorize the levy of a specific tax per acre on the lands protected by the levee of the district. 2. It is not deniable that said tax is a local assessment levied for the benefit of the locality affected; nor is it deniable that such assessments are not as a general rule embraced within the meaning of the provisions of State…
Read the full summary
PPEAL from the Fifteenth District Court, Parish of Pointe Coupée. Toist, J. 1. Acts 78 of 1876, and 46 of 1877, create a special levee district, and authorize the levy of a specific tax per acre on the lands protected by the levee of the district. 2. It is not deniable that said tax is a local assessment levied for the benefit of the locality affected; nor is it deniable that such assessments are not as a general rule embraced within the meaning of the provisions of State constitutions on the subject of taxation. 3. But the authority to levy said local assessment must be roferred to some one…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
The defendant is the same corporation which figured as plaintiff in the case of Board of Levee Commissioners vs. Lorio Bros., decided by us in 1881 and reported in 33d Ann. 276.
Although tbe present case comes up in somewhat different shape, and although some other questions are raised in the pleadings, the only point insisted on before ns is tbe same which was determined in tbe Lorio case, viz : the constitutionality of the assessment or contribution levied by defendant upon lands protected by its levee, in conformity with Acts No. 78 of 1876…
2Cited by9 opinions
- New Orleans v. WarnerSupreme Court of the United States · 1899
- Wheatland v. City of BostonMassachusetts Supreme Judicial Court · 1909
- Louisiana & A. Ry. Co. v. ShawSupreme Court of Louisiana · 1908
- Town of Franklinton v. Police Jury of Parish of WashingtonSupreme Court of Louisiana · 1910
- Citizens' Ins. v. HebertSupreme Court of Louisiana · 1916
4 more not listed; retrieve them via the Exa API.