Atherton v. Village of Essex Junction
Supreme Court of Vermont
Appeal in Chancery. Heard on demurrer to the bill at the March Term, 1909, Chittenden County, Taylor, Chancellor. Demurrer sustained, pro forma, and bill dismissed with costs. The orator appealed. The opinion states the case. The municipal taxation of farm land within the municipal limits, for general municipal purposes, where no benefit accrues to the owner, is void, as taking private property for a public use without compensation.
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Appeal in Chancery. Heard on demurrer to the bill at the March Term, 1909, Chittenden County, Taylor, Chancellor. Demurrer sustained, pro forma, and bill dismissed with costs. The orator appealed. The opinion states the case. The municipal taxation of farm land within the municipal limits, for general municipal purposes, where no benefit accrues to the owner, is void, as taking private property for a public use without compensation. Morford V. Unger, 8 la. 82; Langworthy v. Dubuque, 13 la. 86; Deeds V. Sanborn, 26 la. 419; O’Hare V. Dubuque, 22 la. 114; Winzer v. Burlington, 68 la. 279;…
1Opinion of the CourtHaselton, J.
This is a bill of complaint brought to the court of chancery for Chittenden County. The cause came on for hearing on demurrer, and without argument and strictly pro forma the demurrer was sustained and the bill dismissed. The case is here' on appeal by the orator. The material allegations of the bill, which in this hearing are to be taken as true, will be recited.
In November, 1892, by direct act of the Legislature, the Essex Junction Graded School District in the Town of Essex was incorporated and made a body politic by the name of The Yillage of Essex Junction. The management of the affairs…
2Cases cited24 opinions
- Norris v. City of WacoTexas Supreme Court · 1882
- Bradshaw v. City of OmahaNebraska Supreme Court · 1871
- Turner v. AlthausNebraska Supreme Court · 1877
- Hurla v. City of Kansas CitySupreme Court of Kansas · 1891
- Martin v. DixMississippi Supreme Court · 1876
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3Cited by4 opinions
- Village of Hardwick v. Town of WolcottSupreme Court of Vermont · 1925
- State v. Tex PageSupreme Court of Vermont · 1942
- State ex rel. Ballard v. GreeneSupreme Court of Vermont · 1913
- Moore v. Town of StamfordSupreme Court of Connecticut · 1947