Durkee v. City of Barre
Supreme Court of Vermont
Appeal in Chancery, bleard on demurrer to the bill at the March Term, 1908, Washington County, Hall, Chancellor. Demurrer overruled, and bill adjudged sufficient. The defendant appealed. The opinion states the case. See next case. The one idea underlying the validity of a local assessment is benefit received by the property from the making of a local improvement.
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Appeal in Chancery, bleard on demurrer to the bill at the March Term, 1908, Washington County, Hall, Chancellor. Demurrer overruled, and bill adjudged sufficient. The defendant appealed. The opinion states the case. See next case. The one idea underlying the validity of a local assessment is benefit received by the property from the making of a local improvement. Re Bonds of Irrigation Go., 14 L. E. A. 755, note; Barnes v. Dyer, 56 Vt. 469; Plait v. Milford, 66 Conn. 320; 1 Abbott’s Mun. Corp. 811; Neiuark v. Inhabitants of Verona, 58 N. J. L. 595; Norwood v. Baker, 172 U. S. 269; Village of…
1Opinion of the Court
Watson J.
The bill alleges that on the 6th day of April, 1903, without petition from the landowners abutting Main street in the City of Barre, and without notice to, or any hearing of, or right to be heard by, the orators, a resolution was passed by the Board of Aldermen of that city, purporting to be an act of the city council, signed by the President of the Board of Aldermen and approved by the Mayor, as follows: “Resolved by the city council of the City of Barre, now in session as follows: That whereas the public good, and the convenience and necessity of individuals demand that North Main…
2Cases cited24 opinions
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- Bauman v. RossSupreme Court of the United States · 1897
- Londoner v. City and County of DenverSupreme Court of the United States · 1908
- French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
19 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In re AllenSupreme Court of Vermont · 1909
- Ransome-Crummey Co. v. BennettCalifornia Supreme Court · 1918
- Village of Waterbury v. MelendySupreme Court of Vermont · 1938
- City of Barre v. Barre & Chelsea RailroadSupreme Court of Vermont · 1924
- Ex Parte RomeroNew Mexico Supreme Court · 1947
3 more not listed; retrieve them via the Exa API.