Legal Opinion

Morse v. Street Commissioners

Massachusetts Supreme Judicial Court

Decided February 25, 1908PublishedCited by 4 opinions

Petitions for a writ of certiorari against the hoard of street commissioners of Boston to quash their proceedings in assessing betterments for the construction of Columbia Road, filed October 9,1907. Paragraphs ten to thirteen, inclusive, of the petitions contained allegations in support of the contention described in the fourth paragraph of the opinion.

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Petitions for a writ of certiorari against the hoard of street commissioners of Boston to quash their proceedings in assessing betterments for the construction of Columbia Road, filed October 9,1907. Paragraphs ten to thirteen, inclusive, of the petitions contained allegations in support of the contention described in the fourth paragraph of the opinion. The respondents in their return stated that they had determined as the special benefit and advantage to all the estates abutting on Columbia Road the sum of $296,443.69, which they determined as the assessable cost, and which was much less…

1Opinion of the Court

Knowi/TON, C. J.

These are petitions for a writ of certiorari to quash an assessment of betterments for the construction of Columbia Road in Boston. The cost of the improvement was $1,800,000, and the amount of the entire assessment was $296,448.69. The assessment was made under the St. 1906, c. 393, § 9. The order laying out the street and directing its construction was passed on August 31,1897. The work of construction was finished on May 6, 1905.

The first question is whether the statute referred to authorized the making of an assessment for this improvement. The statute is as follows: “…

2Cases cited7 opinions

  1. Howell v. . the City of BuffaloNew York Court of Appeals · 1867
  2. Brevoort v. City of DetroitMichigan Supreme Court · 1872
  3. Blackie v. HudsonMassachusetts Supreme Judicial Court · 1875
  4. Warren v. Street CommissionersMassachusetts Supreme Judicial Court · 1902
  5. Butler v. City of ToledoOhio Supreme Court · 1855

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Nichols v. Commissioner of Public WelfareMassachusetts Supreme Judicial Court · 1942
  2. Gray v. City of SalemMassachusetts Supreme Judicial Court · 1930
  3. Leahy v. Street CommissionersMassachusetts Supreme Judicial Court · 1911
  4. Phillips v. City of BostonMassachusetts Supreme Judicial Court · 1911

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