Ricker v. City of Helena
Montana Supreme Court
Appeal from District Court, Lewis and Clark County, in the First Judicial District; Stanley E. Felt, a Judge of the Sixteenth District, presiding. Suit by Jesse C. Ricker and others against the City of Helena and others. Judgment for defendants and plaintiffs appeal.
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Appeal from District Court, Lewis and Clark County, in the First Judicial District; Stanley E. Felt, a Judge of the Sixteenth District, presiding. Suit by Jesse C. Ricker and others against the City of Helena and others. Judgment for defendants and plaintiffs appeal. “Due process of law” as applied to assessments for special improvements requires that the proceedings must limit the area to be assessed to the property specially benefited, and, when the assessment upon the district plan is used, there can be included only such property as is subject to assessment -because of such benefits, and…
1Opinion of the CourtJustice Stark
On March 2, 1923, the city council of Helena duly passed a resolution of intention to create special improvement district No. 139, in < said city, for the paving of Neill Avenue, from Park Avenue to Main Street, and certain described portions of Main Street and Fuller and Sixth Avenues. In fixing the limits of the proposed district, the platted boundaries of the several parcels of land embraced therein were not followed, but a line was fixed at a distance of twenty-five feet from the front of the streets to be improved — that is, the district embraced a strip twenty-five feet wide along each…
2Cases cited6 opinions
- Louisville & Nashville Railroad v. Barber Asphalt Paving Co.Supreme Court of the United States · 1905
- Martin v. District of ColumbiaSupreme Court of the United States · 1907
- City of Kalispell v. School District No. 5Montana Supreme Court · 1912
- City of Chicago v. WellsIllinois Supreme Court · 1908
- Iowa Pipe & Tile Co. v. CallananSupreme Court of Iowa · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Blythe v. City of TulsaSupreme Court of Oklahoma · 1935
- Feldhake v. City of Santa FeNew Mexico Supreme Court · 1956
- School District No. 1 v. City of HelenaMontana Supreme Court · 1930
- Crawford v. City of BillingsMontana Supreme Court · 1956
- Warner v. Commissioners of GallatinMontana Supreme Court · 1986