Hayford v. County Commissioners
Supreme Judicial Court of Maine
On report. Petition for the writ of certiorari to quash the proceedings of the county commissioners of Aroostook in laying out a highway upon the following petition : "To the honorable county commissioners in and for the county of Aroostook: We, the undersigned, inhabitants of Aroostook county, represent that the public good requires a county road leading from New Sweden (township 15, range 3) to Fort Kent, by the most direct and feasible route : Commencing in New Sweden, at…
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On report. Petition for the writ of certiorari to quash the proceedings of the county commissioners of Aroostook in laying out a highway upon the following petition : "To the honorable county commissioners in and for the county of Aroostook: We, the undersigned, inhabitants of Aroostook county, represent that the public good requires a county road leading from New Sweden (township 15, range 3) to Fort Kent, by the most direct and feasible route : Commencing in New Sweden, at the terminus of the county road, and running through townships 16 E. 3; 16 E. 4; 17 E. 4; 17 E. 5 ; 17 E. 6;…
1Opinion of the CourtVirgiN, J.
Generally, the granting or withholding of a writ of certiorari for the purpose of bringing up and quashing the irregular proceedings of county commissioners, rests wholly within the discretion of this court. But, as an exception to this general rule, when the commissioners have no jurisdiction in a given proceeding, the court has no occasion to exercise its discretion in the matter, but on due presentation of the record orders the writ at once; for in such a case, the action of the commissioners being without the authority of law, parties aggrieved thereby have the legal right to have the…
2Cited by3 opinions
- State v. BreauxSupreme Court of Louisiana · 1880
- Benton v. Maine State Highway CommissionSupreme Judicial Court of Maine · 1965
- Steven J. Hatfill v. The New York Times Company, and Nicholas KristofCourt of Appeals for the Fourth Circuit · 2005