Birmingham Realty Co. v. City of Birmingham
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Horace C. Wilkinson, Judge. Certiorari by the Birmingham Realty Company against the City of Birmingham to review an assessment for a street improvement levied by the City against the property of the Realty Company. The, City’s motion to quash and annul the certiorari was granted, and the Realty Company appeals.
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Appeal from Circuit Court, Jefferson County; Horace C. Wilkinson, Judge. Certiorari by the Birmingham Realty Company against the City of Birmingham to review an assessment for a street improvement levied by the City against the property of the Realty Company. The, City’s motion to quash and annul the certiorari was granted, and the Realty Company appeals. The granting of the writ vacated the order of the commission, and removed the cause to the circuit court, and that court could not properly quash or dismiss the certiorari because of defects in the petition. 92 Ala. 591, 9 South. 386; 112…
1Opinion of the CourtGardner, J.
An ordinance was adopted by the board of commissioners of the city of Birmingham for grading and paving Clairmont avenue through the property of appellant; the cost of construction to be assessed against the property abutting on said highway so improved. Protest was duly filed against the proposed assessment, which was overruled, and the total cost of improvement assessed against the abutting property. Proper appeal was not perfected by the realty company within the time prescribed by the statute, and application was made to one of the circuit judges of Jefferson county for a statutory…
2Cases cited6 opinions
- City of Birmingham v. WillsSupreme Court of Alabama · 1912
- Max J. Winkler Brokerage Co. v. CoursonSupreme Court of Alabama · 1909
- Decatur Land Co. v. City of New DecaturSupreme Court of Alabama · 1916
- Southern Express Co. v. I. Brickman & Co.Supreme Court of Alabama · 1914
- Gray v. Southern Railway Co.Supreme Court of Alabama · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Dye-Washburn Hotel Co. v. AldridgeSupreme Court of Alabama · 1922
- Ex Parte Homewood Dairy Products Co.Supreme Court of Alabama · 1941
- Jefferson County v. Berkshire Development Corp.Supreme Court of Alabama · 1964
- Walker v. KilbornCourt of Civil Appeals of Alabama · 1971
- Ex parte BryantAlabama Court of Appeals · 1955
3 more not listed; retrieve them via the Exa API.