People ex rel. Doyle v. Austin
California Supreme Court
Appeal from the District Court, Nineteenth-Judicial District, City and County of San Francisco. By the Act of 1871-2, referred to in the opinion, a belt of land extending from Montgomery street near Washingington street, northerly, was taken and dedicated for a public street, to be known as “Montgomery Avenue." This belt of land is eighty feet wide, and is in the thickly settled part of the city of San Francisco.
Read the full summary
Appeal from the District Court, Nineteenth-Judicial District, City and County of San Francisco. By the Act of 1871-2, referred to in the opinion, a belt of land extending from Montgomery street near Washingington street, northerly, was taken and dedicated for a public street, to be known as “Montgomery Avenue." This belt of land is eighty feet wide, and is in the thickly settled part of the city of San Francisco. The Act provided that the value of the land taken for the avenue, and the damages to the improvements thereon, or adjacent thereto, injured thereby, and all other expenses,…
1Opinion of the Court
By the Court, Crockett, J.:
The Act of April 1, 1872 (Stat. 1871-2, p. 911), which provides for the opening of “ Montgomery Avenue,” in the city of San Francisco, is assailed on the ground that it is unconstitutional. It is claimed, that under the provisions of the Act, the expenses of the improvement are to be defrayed by a tax, to be levied on the property to be benefited, and not by an assessment, in any just sense, and that the fax is void because not assessed and levied as taxes are required to be under the Constitution. But we think the Act provides for an assessment, and not a tax. It…
2Cases cited4 opinions
- People v. ShearerCalifornia Supreme Court · 1866
- People v. McCreeryCalifornia Supreme Court · 1868
- Fall v. Mayor & Common Council of MarysvilleCalifornia Supreme Court · 1861
- Low v. LewisCalifornia Supreme Court · 1873
3Cited by20 opinions
- Los Angeles County Flood Control District v. HamiltonCalifornia Supreme Court · 1917
- City of Atlanta v. First Presbyterian ChurchSupreme Court of Georgia · 1891
- Mayor of Birmingham v. KleinSupreme Court of Alabama · 1889
- Federal Construction Co. v. EnsignCalifornia Court of Appeal · 1922
- Anaheim Sugar Co. v. County of OrangeCalifornia Supreme Court · 1919
15 more not listed; retrieve them via the Exa API.