Rolph v. City of Fargo
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Action by R. T. Rolph against the City of Fargo and A. T. Shotwell as city treasurer of said city, to enjoin the collection of, and to cancel special assessments levied on property of the plaintiff Rolph, in the City of Fargo, for the paving of Eighth street in said city. Plaintiff had judgment, and defendants appeal.
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Appeal from District Court, Cass County; Pollock, J. Action by R. T. Rolph against the City of Fargo and A. T. Shotwell as city treasurer of said city, to enjoin the collection of, and to cancel special assessments levied on property of the plaintiff Rolph, in the City of Fargo, for the paving of Eighth street in said city. Plaintiff had judgment, and defendants appeal. The uniformity rule of taxation prescribed by section 176, constitution, does not apply to special assessments. 25 Am. and Eng. Ene. L. 504, n. 1, 495, n. 7. The power of the legislature to provide for taxation and…
1Opinion of the CourtCorliss, C. J.
The owner of abutting property is by this action attacking the validity of an assessment to pay the expenses of paving a street in the City of Fargo. He grounds his assault *645thereon upon the alleged invalidity of the statute under which the assessment was levied. There is no claim made that, on account of irregularities, the tax assessed against his land is illegal. On the contrary, he expressly negatives in his complaint the existence of any defects in the proceedings themselves. It is not contended that the steps taken by the proper authorities were unauthorized by the law. But the broad…
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