Mullen v. Board of Sewer Commissioners of Milton

This is a petition for a writ of certiorari to quash an assessment levied by the respondents upon land of the petitioner for benefits accruing from the construction of sewers and a system of sewerage.

*5331. The petitioner first contends that the assessment is invalid because St. 1895, c. 304, under which it was levied, is unconstitutional on the ground that it authorizes the imposition of a pecuniary burden upon property in excess of the special benefit arising from the expenditure. It is provided by § 9 of said c. 304 that “Said board of sewer commissioners shall determine what proportion of the…