Ellison v. City of La Moure
North Dakota Supreme Court
From a judgment of the District Court of La Moure County, Coffey, J. Plaintiff appeals. The principle which underlies special assessments is that the- value of the property is enhanced to an amount at least equal to the assessment. This principle cannot be departed from without taking private property for public use.
Read the full summary
From a judgment of the District Court of La Moure County, Coffey, J. Plaintiff appeals. The principle which underlies special assessments is that the- value of the property is enhanced to an amount at least equal to the assessment. This principle cannot be departed from without taking private property for public use. Hanscom v. Omaha, 11 Neb. 37, 7 N. W. 739; Gilmore v. Hentig, 33 Kan. 156, 5 Pac. 788. A lot owner whose property is not benefited by a sewer cannot be compelled to aid in its construction where he seasonably objects, and it is apparent that the attempt to assess benefits arises…
1Opinion of the CourtChristianson, J.
This is an action to set aside a special assessment, for the construction of a sewer in the city of La Moure, and to enjoin the defendants from enforcing the collection thereof. The defendants, prevailed in the district court, and plaintiff appeals and asks for a trial de novo. The material facts are not in dispute. No attack is made. upon the regularity of the proceedings of the special assessment commission or the city council, but, on the contrary, it is conceded that, these proceedings were had in accordance with the provisions of the-statutes relative thereto. The special assessment…
2Cases cited18 opinions
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
- Spencer v. MerchantSupreme Court of the United States · 1888
- Paulsen v. PortlandSupreme Court of the United States · 1893
- Hibben v. SmithSupreme Court of the United States · 1903
13 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Wirtz v. NestosNorth Dakota Supreme Court · 1924
- Anderson v. Richland County Water Resource BoardNorth Dakota Supreme Court · 1993
- Nissen v. City of FargoNorth Dakota Supreme Court · 1983
- Hale v. City of MinotNorth Dakota Supreme Court · 1924
- Murphy v. City of BismarckNorth Dakota Supreme Court · 1961
11 more not listed; retrieve them via the Exa API.