Oshkosh City Railway Co. v. Winnebago County
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for "Winnebago county: Geo. "W. Buknell, Circuit Judge. The action is to set aside a special assessment tax, to cancel a tax certificate issued thereon, and to restrain the execution of a tax deed on such certificate. The plaintiff is a railway company, having a right of way and roadbed and tracks along Ceape street, in the city of Oshkosh, near the center of the street.
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Appeal from a judgment of the circuit court for "Winnebago county: Geo. "W. Buknell, Circuit Judge. The action is to set aside a special assessment tax, to cancel a tax certificate issued thereon, and to restrain the execution of a tax deed on such certificate. The plaintiff is a railway company, having a right of way and roadbed and tracks along Ceape street, in the city of Oshkosh, near the center of the street. The board of aldermen paved and curbed Ceape street with cedar blocks. It charged a part of this improvement against the plaintiff’s right of way and roadbed. The assessment was…
1Opinion of the CourtNewmaN, J.
No question is made of the power of the legislature to make the right of way of a railroad company *437subject to special assessment for tbe improvement, by paving, of a street in a city — to tbe extent, at least, to which it is benefited by tbe improvement. It is not so clear that it may authorize an assessment for an improvement which, from the nature of the property, cannot benefit it. 2 Dillon, Mun. Corp. §§ 761-768. In this case the important question is, Has the legislature made property situated as this property is subject to special assessment for paving the street m which it lies ? The…
2Cases cited5 opinions
- Minturn v. LarueSupreme Court of the United States · 1860
- In Re the Second Avenue Methodist Episcopal Church to Vacate an AssessmentNew York Court of Appeals · 1876
- Curtis v. Board of SupervisorsWisconsin Supreme Court · 1867
- Potts v. CooleyWisconsin Supreme Court · 1881
- Studley v. City of OshkoshWisconsin Supreme Court · 1878
3Cited by15 opinions
- City of Fort Myers v. State of FloridaSupreme Court of Florida · 1928
- City of Fort Myers v. StateSupreme Court of Florida · 1928
- Anderson v. City of OcalaSupreme Court of Florida · 1921
- Allen v. City of PortlandOregon Supreme Court · 1899
- Indianapolis & Vincennes Railway Co. v. Capitol Paving & Construction Co.Indiana Court of Appeals · 1899
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