McKone v. City of Fargo
North Dakota Supreme Court
Appeal by plaintiffs from a judgment of the District Court for Cass County, Allen, Special Judge, in defendants’ favor in an action to set aside a special assessment levied for street paving. An assessment is void when it rests on the cost of the pavement, and not on special benefits to the property.
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Appeal by plaintiffs from a judgment of the District Court for Cass County, Allen, Special Judge, in defendants’ favor in an action to set aside a special assessment levied for street paving. An assessment is void when it rests on the cost of the pavement, and not on special benefits to the property. Cooley, Taxn. 3d ed. 1254; Johnson v. Milwaukee, 40 Wis. 324; Watkins v. Zwietusch, 47 Wis. 513, 3 27. W. 35; Wells v. Western Paving & Supply Co. 96 Wis. 116, 70 27. W. 1073; Liebermann v. Milwaukee, 89 Wis. 336, 61 27. W. 1114; Hayes v. Douglas County, 92 Wis. 429, 31 L.E.A. 217, 53 Am. St.…
1Opinion of the CourtGoss, J.
This action is a direct attack upon a special assessment levied for street paving. The property involved is lot 1 of block 16, and lot 14 of block 9, in Keney’s and Devit’s addition to Eargo. A special assessment of $1,356.98 for said purposes was levied and spread as a tax against each of said lots. Plaintiffs aver that “said levy and special assessment was made without any authority of law, and that in all things pertaining to the construction of said pavement and contracting for the same, and the making and filing of plans and specifications therefor, and the levy of said assessment and…
2Cases cited6 opinions
- Chase v. TroutCalifornia Supreme Court · 1905
- Wahlgren v. City of Kansas CitySupreme Court of Kansas · 1889
- City of Topeka v. GageSupreme Court of Kansas · 1890
- City of Kansas City v. GibsonSupreme Court of Kansas · 1903
- Hamar v. LeihyWisconsin Supreme Court · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- City of Chickasha v. O'BrienSupreme Court of Oklahoma · 1915
- State ex rel. Gaulke v. TurnerNorth Dakota Supreme Court · 1917
- Oliver v. Bd. of Trsts. of Town of AlamogordoNew Mexico Supreme Court · 1931
- Mountain Cement Co. v. South of Laramie Water & Sewer DistrictWyoming Supreme Court · 2011
- Ellison v. City of La MoureNorth Dakota Supreme Court · 1915
5 more not listed; retrieve them via the Exa API.