Sterling National Bank & Trust Co. of New York v. Charleston Transit Co.

I find myself unable to concur in the decision of the majority, for the reason that, in my opinion, the failure of the City of Dunbar to give to The Charleston-Dunbar Traction Company notice that it proposed to consider embarking upon the paving project out of which plaintiff’s claim arises, before it finally decided to engage in such undertaking, destroyed any right of the city to lay an assessment, therefor against abutting property owners, whether imposed by an original assessment or as a reassessment, as was done in this case. Holding this view, it is unnecessary for me to discuss other…