State ex rel. Stateler v. Reis
Supreme Court of Minnesota
The relator, having received a deed of a lot on Isabel street in St. Paul, tendered it to George Beis, the city treasurer, with the request that he indorse on it his official certificate that all assessments on the lot for local improvements had been paid, such certificate being requisite to entitle the deed to record, and the charter requiring the treasurer to indorse it on the deed in case there were at the time no such assessments unpaid.
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The relator, having received a deed of a lot on Isabel street in St. Paul, tendered it to George Beis, the city treasurer, with the request that he indorse on it his official certificate that all assessments on the lot for local improvements had been paid, such certificate being requisite to entitle the deed to record, and the charter requiring the treasurer to indorse it on the deed in case there were at the time no such assessments unpaid. The treasurer refused to make the certificate, because of an unpaid assessment for sprinkling Isabel street, on which the lot was situated. Thereupon the…
1Opinion of the Court
Mitchell, J.1
The principal question in this case is whether sprinkling a street is a “local improvement, ” within the meaning of section 1, art. 9, of the constitution, for which an assessment may be levied upon the property fronting upon the street without regard h> its cash valuation. If it be an “improvement” at all, it cannot be,, and indeed is not, controverted but that it is “local, ” — that is, that, it is of exceptive and special benefit to the property fronting on the-street. While the public who travel it are also benefited by having-the street sprinkled, yet it requires no argument…
2Cited by32 opinions
- Village of Edina v. JosephSupreme Court of Minnesota · 1962
- Sears v. Board of AldermenMassachusetts Supreme Judicial Court · 1899
- State ex rel. Oliver Iron Mining Co. v. City of ElySupreme Court of Minnesota · 1915
- City of Waukegan v. DeWolfIllinois Supreme Court · 1913
- City of Globe v. WillisArizona Supreme Court · 1915
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