Carstens v. City of Fond du Lac
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Eond du Lac county: James O’Neill, Judge; also from an order and a judgment of tbe same court: Chesteb A. Eowleb, Circuit Judge.
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Appeal from an order of tbe circuit court for Eond du Lac county: James O’Neill, Judge; also from an order and a judgment of tbe same court: Chesteb A. Eowleb, Circuit Judge. Tbe plaintiff brings tbis action as a taxpayer, in bis own bebalf and in bebalf of other taxpayers in interest, to declare void certain assessment certificates issued against property abutting upon a portion of Third street in tbe city of Fond du Lac, and to restrain tbe city from selling, transferring, or otherwise disposing of any such certificates that might have been issued and in its possession at tbe time tbe…
1Opinion of the Court
BaeRtes, T.
Because in the year 1890 the plaintiffs paid their legal portion of the cost of paving that part of Third ■street in the city of Fond du Lac adjacent to their properties, and the city construed ch. 299, Laws of 1885, as not empowering it to charge an abutting owner with the cost of a subsequent pavement, it is asserted that the plaintiffs are forever immune from any special charge against their properties on account of paving the street adjacent thereto. This contention is grounded on the assertion that plaintiffs have a vested right of exemption from special assessment on 'account…
2Cases cited23 opinions
- Land, Log & Lumber Co. v. McIntyreWisconsin Supreme Court · 1898
- Adams v. City of BeloitWisconsin Supreme Court · 1900
- Linden Land Co. v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1900
- Boyd v. City of MilwaukeeWisconsin Supreme Court · 1896
- City of Rochester v. . Rochester Railway Co.New York Court of Appeals · 1905
18 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Schlosser v. Allis-Chalmers Corp.Wisconsin Supreme Court · 1974
- Ransome-Crummey Co. v. BennettCalifornia Supreme Court · 1918
- Pipkorn v. Village of Brown DeerWisconsin Supreme Court · 1960
- Collins v. A. Jaicks Co.Supreme Court of Missouri · 1919
- Ernest v. SchmidtWisconsin Supreme Court · 1929
3 more not listed; retrieve them via the Exa API.