Butler v. City of Toledo
Ohio Supreme Court
In Chancery.. Reserved in Lucas county. The facts are stated in the opinion of the court. 1. The laws under which the re-assessment was made are retro-active, and operate to impair vested rights. Dash v. Van Sleek, 7 Johns. 506 ; (food v. Zercher, 12 Ohio Rep. 867; Chesnut v. Shane’s Lessee, 16 Ohio Rep. 609; Schooner Aurora Borealis v. Dobbie, 17 Ohio Rep. 125. The charter, as it originally existed, gave no power to re-assess.
Read the full summary
In Chancery.. Reserved in Lucas county. The facts are stated in the opinion of the court. 1. The laws under which the re-assessment was made are retro-active, and operate to impair vested rights. Dash v. Van Sleek, 7 Johns. 506 ; (food v. Zercher, 12 Ohio Rep. 867; Chesnut v. Shane’s Lessee, 16 Ohio Rep. 609; Schooner Aurora Borealis v. Dobbie, 17 Ohio Rep. 125. The charter, as it originally existed, gave no power to re-assess. Scooville v. The City of Cleveland, 1 Ohio St. Rep. 126,181. 2. If the fund, originally provided to pay the expenses of this work, has been misapplied, or improperly…
1Opinion of the CourtBrinkerhoff, J.
This is a bill in chancery, originally filed in the common pleas of Lucas county, for an injunction .to restrain the city of Toledp from the collection of an assessment, ordered by the corporate authorities of the city, on certain lots of *229complainant, bounding on Summit and Water streets, for the purpose of paying the unpaid balance of the cost of grading said streets, and other expenses incidental to said improvement; and is reserved for decision here from the district court of that county.
It seems that in and prior to the autumn of 1848, ordinances had been passed by the city.authorities,…
2Cited by17 opinions
- Erickson v. Cass CountyNorth Dakota Supreme Court · 1903
- Forster v. ForsterMassachusetts Supreme Judicial Court · 1880
- Hall v. Street CommissionersMassachusetts Supreme Judicial Court · 1901
- Sinclair v. LearnedMichigan Supreme Court · 1883
- Leser v. WagnerCourt of Appeals of Maryland · 1913
12 more not listed; retrieve them via the Exa API.