Ayer v. Mayor of Somerville
Massachusetts Supreme Judicial Court
Petition, by the trustees of the estate of James C. Ayer, deceased, owners of land abutting on Cedar Street and Morrison Street in Somerville, for a writ of certiorari to quash the proceedings of the mayor and aldermen of Somerville, in assessing a proportionate part of the cost of a sewer in those streets upon the lands of the petitioners, on the ground that the residents and abutters on Clyde Street and Murdock Street were not included in the assessment for the cost of the…
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Petition, by the trustees of the estate of James C. Ayer, deceased, owners of land abutting on Cedar Street and Morrison Street in Somerville, for a writ of certiorari to quash the proceedings of the mayor and aldermen of Somerville, in assessing a proportionate part of the cost of a sewer in those streets upon the lands of the petitioners, on the ground that the residents and abutters on Clyde Street and Murdock Street were not included in the assessment for the cost of the sewer on Cedar Street and Morrison Street. Hearing before Gardner, J., who reserved the case, on the petition, and the…
1Opinion of the CourtC. Allen, J.
The principal reason assigned by the petitioners for quashing the assessment is, that the persons benefited by the Clyde Street sewer and the Murdock Street sewer were not assessed for any part of the cost of the sewer in Cedar Street and Morrison Street. The board of mayor and aldermen treated each of these as separate common sewers, and made separate assessments for the cost of each, including therein only the abutting owners on the line of each sewer.
The petitioners do not, indeed, contend that it was erroneous to treat these as separate common sewers. There is no statutory definition of…
2Cited by2 opinions
- Weed v. Mayor & Aldermen of BostonMassachusetts Supreme Judicial Court · 1898
- Seiler v. Board of Sewer CommissionersMassachusetts Supreme Judicial Court · 1968