Hilliard v. City of Asheville
Supreme Court of North Carolina
MotioN in a civil action, pending in BuNCOMbe Superior Court, for an injunction to restrain the City of Asheville from collecting from the plaintiffs certain assessments upon them as owners of property abutting on Main street in Asheville, heard before Robinson, Jat Chambers, in Ashe-ville, on the 31st day of August, 1895. The charter sections relating to the improvement of streets are as follows : “ Sec. 5. To equalize the assessments on real estate for the purpose…
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MotioN in a civil action, pending in BuNCOMbe Superior Court, for an injunction to restrain the City of Asheville from collecting from the plaintiffs certain assessments upon them as owners of property abutting on Main street in Asheville, heard before Robinson, Jat Chambers, in Ashe-ville, on the 31st day of August, 1895. The charter sections relating to the improvement of streets are as follows : “ Sec. 5. To equalize the assessments on real estate for the purpose described in Section four, next above, the said mayor and board of aldermen shall assess a (the) total cost of such improvement…
1Opinion of the Court
Clark, J.:
The principal points in this case are decided in Raleigh v. Peace, 110 N. C., 32, and adversely to the plaintiffs. Indeed, Chapter 125, Acts 1891, (the charter of Asheville,) is less open to objection than the Act construed in Raleigh v. Peace. It makes each street, or portion of a street, improved a taxing district (Cooley Const. Lim.,624, 6th Ed.) by requiring the cost of the total improvement on each street, or portion of a street improved, to be ascertained and one-third thereof assessed upon the property abutting on each side of the street,, proportioned according to the…
2Cases cited3 opinions
- Davidson v. New OrleansSupreme Court of the United States · 1878
- City of Raleigh v. PeaceSupreme Court of North Carolina · 1892
- McIntire v. Western N. C. RailroadSupreme Court of North Carolina · 1872
3Cited by25 opinions
- Henrietta Mills v. Rutherford CountySupreme Court of the United States · 1930
- Gunter v. Town of SanfordSupreme Court of North Carolina · 1923
- McGarvey v. SwanWyoming Supreme Court · 1908
- Rolph v. City of FargoNorth Dakota Supreme Court · 1898
- Broadfoot v. Town of FayettevilleSupreme Court of North Carolina · 1897
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