Town of Ketchikan v. Zimmerman
District Court, D. Alaska
This is an action in which the plaintiff, a municipal corporation, seeks to foreclose a lien on the defendant’s property for' nonpayment of an assessment levied for the cost of the construction of a street upon which the said property of the defendant abuts.
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This is an action in which the plaintiff, a municipal corporation, seeks to foreclose a lien on the defendant’s property for' nonpayment of an assessment levied for the cost of the construction of a street upon which the said property of the defendant abuts. The complainant alleges, arpong other things, that the plaintiff is a municipal corporation, and that, pursuant to a petition signed by the owners of more than two-thirds in value of the property abutting on Water street, the said plaintiff corporation passed an ordinance providing for the widening of Water street from its original width…
1Opinion of the Court
LYONS, District Judge.
The defendant contends, first, that the common council of the town of Ketchikan was without the power to construct Water street for the reason that at least a portion of the same is without the corporate-limits of Ketchikan; and, second, that, even if the common council had such power, its exercise of the same was void because the petition upon which the common council acted was not signed by the owners of two-thirds in value of the property abutting upon Water street.
The first contention by the defendant is the more serious, because it questions the power of the common…
2Cases cited17 opinions
- Langley v. City CouncilSupreme Court of Georgia · 1903
- Steckert v. City of East SaginawMichigan Supreme Court · 1870
- Mayor of Baltimore v. PorterCourt of Appeals of Maryland · 1862
- City of Coldwater v. TuckerMichigan Supreme Court · 1877
- Maywood Co. v. Village of MaywoodIllinois Supreme Court · 1892
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