Legal Opinion

Mayor of Baltimore v. Porter

Court of Appeals of Maryland

Decided April 9, 1862PublishedCited by 45 opinions

Appeal from the Circuit Court for Baltimore City. The bill in this case was filed by the appellee against the appellants, for an injunction to restrain the defendants from selling the property of the complainant for payment of a ta£ assessed thereon, for the grading of North Avenue between Pennsylvania Avenue and the Fails Turnpike Road.

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Appeal from the Circuit Court for Baltimore City. The bill in this case was filed by the appellee against the appellants, for an injunction to restrain the defendants from selling the property of the complainant for payment of a ta£ assessed thereon, for the grading of North Avenue between Pennsylvania Avenue and the Fails Turnpike Road. The bill alleges, that the defendants have no right to charge the complainant with this tax, because they have wholly disregarded the provisions of the Act of 1856, ch. 164, for the grading of this avenue, and from which alone they could derive any authority…

1Opinion of the CourtGoldsborough, J.

For several years prior to the incidents which induced the controversy in this case, the city of Baltimore was blessed with a prosperity strikingly illustrated by its material expansion. The waste places within her jurisdiction were, day by day, disappearing under the advance of this expansion. Her highways were being extended, and were affording pninterrupted intercourse to her citizens from one extremity of the city to the other. This state of prosperity begat a corresponding public feeling, from which, in 1852, arose the determination to lay out and establish an avenue one hundred feet…

2Cases cited2 opinions

  1. Holland v. Mayor of BaltimoreCourt of Appeals of Maryland · 1857
  2. Methodist Protestant Church v. Mayor of BaltimoreCourt of Appeals of Maryland · 1848

3Cited by45 opinions

  1. Mayor of Baltimore v. RadeckeCourt of Appeals of Maryland · 1878
  2. Ellicott v. Mayor of BaltimoreCourt of Appeals of Maryland · 1942
  3. Washington Suburban Sanitary Commission v. C.I. Mitchell & Best Co.Court of Appeals of Maryland · 1985
  4. Clark v. Harford Agricultural & Breeders' Ass'nCourt of Appeals of Maryland · 1912
  5. Wells v. PriceCourt of Appeals of Maryland · 1944

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