Legal Opinion

Hunnewell v. City of Charlestown

Massachusetts Supreme Judicial Court

Decided January 15, 1871PublishedCited by 9 opinions

Bill in equity against the city of Charlestown and its treasurer, to restrain a sale of the plaintiff’s land in Charlestown for nonpayment of an assessment, laid thereon by the city council for the expenses of laying out and constructing Park Street in that city.

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Bill in equity against the city of Charlestown and its treasurer, to restrain a sale of the plaintiff’s land in Charlestown for nonpayment of an assessment, laid thereon by the city council for the expenses of laying out and constructing Park Street in that city. The bill alleged that the order to lay out Park Street was passed by the city council September 7, 1868; that the assessment was laid January 2,1869 ; that the plaintiff’s land did not abut on Park Street; and that the plaintiff refused to pay the assessment, and the city was threatening to sell his land. The defendants demurred, on…

1Opinion of the CourtWells, J.

This is a bill in equity to prevent the sale of the plaintiff’s land to pay an assessment, laid thereon by the city council of Charlestown, for the expenses of laying out and constructing Park Street in said city. The land in question does not abut upon said new street. The plaintiff contends that the assessment is illegal and void ; for the reason that, when the proceedings were taken, the law, applicable to that city did not authorize an assessment, for such purposes, upon any land except such as abutted upon the street in which the improvement was made.

If the plaintiff’s position is…

2Cases cited1 opinion

  1. Loud v. City of CharlestownMassachusetts Supreme Judicial Court · 1868

3Cited by9 opinions

  1. Youngblood v. SextonMichigan Supreme Court · 1875
  2. Warr v. Collector of TaxesMassachusetts Supreme Judicial Court · 1920
  3. Williams v. County Court of Grant Co.West Virginia Supreme Court · 1885
  4. Welch v. City of BostonMassachusetts Supreme Judicial Court · 1911
  5. Carlton v. NewmanSupreme Judicial Court of Maine · 1885

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