McKone v. City of Fargo
North Dakota Supreme Court
Appeal by plaintiffs from a judgment of the District Court for Cass County, Allen, Special Judge, in defendants’ favor in an action to set aside a special assessment levied for street paving. An assessment is void when it rests on the cost of the pavement, and not on special benefits to the property.
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Appeal by plaintiffs from a judgment of the District Court for Cass County, Allen, Special Judge, in defendants’ favor in an action to set aside a special assessment levied for street paving. An assessment is void when it rests on the cost of the pavement, and not on special benefits to the property. Cooley, Taxn. 3d ed. 1254; Johnson v. Milwaukee, 40 Wis. 324; Watkins v. Zwietusch, 47 Wis. 513, 3 27. W. 35; Wells v. Western Paving & Supply Co. 96 Wis. 116, 70 27. W. 1073; Liebermann v. Milwaukee, 89 Wis. 336, 61 27. W. 1114; Hayes v. Douglas County, 92 Wis. 429, 31 L.E.A. 217, 53 Am. St.…
1Opinion
On Rehearing.
Goss, J.
On petition of appellants a rehearing was granted on the sole question of the constitutionality of the part of § 155 of chap. 62 of the Session Laws of 1905, as purports to limit to six months from confirmation of the assessment the time within which to begin an action to avoid the same, which, if valid, prevents the maintenance of this action, said six-month period having expired before its commencement. This question was raised for the first time on petition for rehearing, and, although the rehearing was granted on this question alone, appellants in the additional brief…
2Cases cited9 opinions
- Erickson v. Cass CountyNorth Dakota Supreme Court · 1903
- Soliah v. HeskinSupreme Court of the United States · 1912
- Powers Elevator Co. v. PottnerNorth Dakota Supreme Court · 1907
- State ex rel. Standish v. NomlandNorth Dakota Supreme Court · 1893
- Richard v. Stark CountyNorth Dakota Supreme Court · 1899
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