Carson v. Brockton Sewerage Commission
Supreme Court of the United States
ERROR TO THE SUPREME JUDICIAL COURT OP MASSACHUSETTS. This was a petition to the justices of the Supreme Judicial Court for the county of Suffolk, for a writ of certiorari to the Board of Sewer Commissioners of the city of Brockton, directing them to bring up certain proceedings connected with the assessment of taxes upon petitioner’s land to the amount of $42.53, for the maintenance and operation of a public sewer, and for an order quashing the proceedings.
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ERROR TO THE SUPREME JUDICIAL COURT OP MASSACHUSETTS. This was a petition to the justices of the Supreme Judicial Court for the county of Suffolk, for a writ of certiorari to the Board of Sewer Commissioners of the city of Brockton, directing them to bring up certain proceedings connected with the assessment of taxes upon petitioner’s land to the amount of $42.53, for the maintenance and operation of a public sewer, and for an order quashing the proceedings. The petitioner alleged the assessment to be illegal and void: 1.. Because the city ordinance does not provide for notice to or hearing…
1Opinion of the CourtJustice Brown
This case involves the single question whether a municipal ordinance, making an annual assessment upon property owners for the use of a common sewer, infringes upon any provision of the Constitution of the United States.
The Supreme Judicial Court of Massachusetts held that the petitioner received a special benefit in the use of the sewer for which he might be charged; that the city, by building the sewer and receiving a part of its cost from the petitioner, did not bind’itself that the sewer should be maintained forever, or that the petitioner should be at liberty to use it free of further…
2Cases cited9 opinions
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Spencer v. MerchantSupreme Court of the United States · 1888
- Parsons v. District of ColumbiaSupreme Court of the United States · 1898
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3Cited by43 opinions
- City of Glendale v. TrondsenCalifornia Supreme Court · 1957
- Hamilton's AppealSupreme Court of Pennsylvania · 1940
- Spalding v. City of Granite CityIllinois Supreme Court · 1953
- Nourse v. City of RussellvilleCourt of Appeals of Kentucky (pre-1976) · 1935
- Sharp v. HallSupreme Court of Oklahoma · 1947
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