Morton v. Holes
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Action by C. A. Morton and others against James Holes and others. Judgment for defendants, and plaintiff’s appeal. The act infringes the constitutional provision against special legislation. Beleal v. N. P. Ry. Co. lo N-. D. 318, 108 N. W. 33. Assessment is the exercise of the taxing power. Cooley on Taxation (3rd Ed.) 1181. Taxing power can be delegated only to a local representative body.
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Appeal from District Court, Cass county; Pollock, J. Action by C. A. Morton and others against James Holes and others. Judgment for defendants, and plaintiff’s appeal. The act infringes the constitutional provision against special legislation. Beleal v. N. P. Ry. Co. lo N-. D. 318, 108 N. W. 33. Assessment is the exercise of the taxing power. Cooley on Taxation (3rd Ed.) 1181. Taxing power can be delegated only to a local representative body. Vallely v. Park Com. 16 N. D. 25, 111 N. W. 615; Bradshaw v. Lankford, 11 L. R. A. 582; Shumway v. Bennett, 29 Mich. 451; Cooley Const. Lim. 163, et…
1Opinion of the CourtFisk, J.
The sole question involved on this appeal is the constitutionality of chapter 252, p. 389, Laws 1907. This act provides for the making of certain public improvements, such as paving or macadamizing the highways, the construction of sewers, water mains, sidewalks, etc., in those civil townships adjacent to incorporated cities containing at least 6,000 inhabitants, and providing for the payment thereof. ■ The respondents other than Kennedy are *156members of the board of supervisors of Fargo township, which township is adjacent to the city of Fargo on the north, and is within the terms of said act.…
2Cases cited9 opinions
- People ex rel. Board of Park Commissioners v. Common CouncilMichigan Supreme Court · 1873
- People ex rel. Shumway v. BennettMichigan Supreme Court · 1874
- Board of Commissioners v. AbbottSupreme Court of Kansas · 1893
- City of Hutchinson v. LeimbachSupreme Court of Kansas · 1903
- Beleal ex rel. Beleal v. Northern Pacific Railway Co.North Dakota Supreme Court · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Appeal of PhillipsSupreme Court of Connecticut · 1931
- Harrington v. Board of AdjustmentCourt of Appeals of Texas · 1939
- Livingston v. PetersonNorth Dakota Supreme Court · 1930
- SCHMIDT v. City of CorneliusOregon Supreme Court · 1957
- Davis v. County of McLeanNorth Dakota Supreme Court · 1925
3 more not listed; retrieve them via the Exa API.