Barnes v. Dyer
Supreme Court of Vermont
Assumpsit brought by the collector of city taxes to recover an assessment imposed upon the defendant, by the court of common council of the city of Yergennes, for building a sidewalk in front of his buildings. Trial by jury, June Term, 1883, Powers, J., presiding. Yerdict ordered for the plaintiff. The •case appears in the opinion. The act is unconstitutional. The only foundation for such assessments for local improvements is in the special benefit to the property assessed.
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Assumpsit brought by the collector of city taxes to recover an assessment imposed upon the defendant, by the court of common council of the city of Yergennes, for building a sidewalk in front of his buildings. Trial by jury, June Term, 1883, Powers, J., presiding. Yerdict ordered for the plaintiff. The •case appears in the opinion. The act is unconstitutional. The only foundation for such assessments for local improvements is in the special benefit to the property assessed. New Brunswick Rubber Co. v. The Commissioners, etc., 9 Yr. (N. J.) 190. The act should have required the assessment to…
1Opinion of the Court
The opinion of the court was delivered by
Yeazey, J.
By an act of the legislature passed in 1878, the court of common council of the city of Yergennes, are “ authorized and empowered to construct and repair sidewalks in the principal streets of said city, and to direct in what manner and of what material such sidewalks shall be constructed or repaired, and may assess the owners of property through which or fronting which said sidewalks are constructed, so much of the expense thereof as they shall deem just and equitable,” and further providing for notice, hearing, and appeal, etc.
One defence to…
2Cases cited1 opinion
- Allen v. DrewSupreme Court of Vermont · 1872
3Cited by20 opinions
- KingmanMassachusetts Supreme Judicial Court · 1891
- City of Fort Myers v. State of FloridaSupreme Court of Florida · 1928
- City of Fort Myers v. StateSupreme Court of Florida · 1928
- Clark v. City of BurlingtonSupreme Court of Vermont · 1928
- Sears v. Street Commissioners of BostonMassachusetts Supreme Judicial Court · 1899
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