Allen v. City of Charlestown
Massachusetts Supreme Judicial Court
Contract to recover the amount assessed upon the plaintiff, under the Gen. Sts. c. 48,* as his proportional part of the expense of a main drain alleged to benefit Ms land, and paid by Mm to the defendants’ treasurer, under protest, to prevent a sale of the land for non-payment of the assessment.
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Contract to recover the amount assessed upon the plaintiff, under the Gen. Sts. c. 48,* as his proportional part of the expense of a main drain alleged to benefit Ms land, and paid by Mm to the defendants’ treasurer, under protest, to prevent a sale of the land for non-payment of the assessment. The drain was made and laid out by the proper authorities, but no notice was given to the plaintiff, his tenant or lessee, before the mating of the drain, that any part of the charge of such mating was to be ascertained, assessed, certified or charged to him or upon Ms estate, except that the…
1Opinion of the CourtWells, J.
The statute which authorizes a part of the charge for mating and repairing main drains or common sewers to be assessed upon persons who receive benefit thereby, does not require that such persons should have previous special notice, and opportunity to be heard before the mayor and aldermen or selectmen. Gen. Sts. c. 48, § 4. Before they can be legally “charged” with such an assessment, notice thereof must be given them; after wMch, if they desire to contest the fact or amount of their just liability, a proper tribunal is provided for the purpose. § 6. If no such desire or purpose is…
2Cited by11 opinions
- Gilmore v. HentigSupreme Court of Kansas · 1885
- Holt v. City CouncilMassachusetts Supreme Judicial Court · 1879
- Hennessy v. Douglas CountyWisconsin Supreme Court · 1898
- City of Perry v. Davis & YoungerSupreme Court of Oklahoma · 1907
- Collins v. Mayor of HolyokeMassachusetts Supreme Judicial Court · 1888
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