Boylston Market Ass'n v. City of Boston
Massachusetts Supreme Judicial Court
Bill in equity filed September 7, 1871, alleging that the plaintiff corporation was the owner of certain real estate in Boston, situate on the corner of Boylston and Washington Streets, upon which was a building called the Boylston Market; that the board of aldermen of Boston, May 9, 1870, voted to take certain land of the plaintiff, and the buildings upon it, for the purpose of widening Boylston Street; that by virtue of that vote, the city took 1729 feet of the plaintiff’s…
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Bill in equity filed September 7, 1871, alleging that the plaintiff corporation was the owner of certain real estate in Boston, situate on the corner of Boylston and Washington Streets, upon which was a building called the Boylston Market; that the board of aldermen of Boston, May 9, 1870, voted to take certain land of the plaintiff, and the buildings upon it, for the purpose of widening Boylston Street; that by virtue of that vote, the city took 1729 feet of the plaintiff’s land; that, desiring to proceed amicably and fairly in the matter, the plaintiff corporation, through its officers, met…
1Opinion of the CourtAmes, J.
This court has recently had occasion to decide that the assessment of a certain proportion of the expense incurred by laying out, widening or improving a public street or highway, upon such estates as receive any special benefit or advantage thereby, is a tax which is authorized by law. Dorgan v. Boston, 12 Allen, 223. Harvard College v. Aldermen of Boston, 104 Mass. 470. Codman v. Johnson, Ib. 491. Walker v. Whittemore, 112 Mass. 187. This tax, although special and local in its character, must, nevertheless, be assessed upon all the estates so benefited and liable to be assessed, in such a…
2Cases cited6 opinions
- President of Harvard College v. Board of AldermenMassachusetts Supreme Judicial Court · 1870
- Brimmer v. City of BostonMassachusetts Supreme Judicial Court · 1869
- Walker v. WhittemoreMassachusetts Supreme Judicial Court · 1873
- Bell v. City of BostonMassachusetts Supreme Judicial Court · 1869
- Barker v. Inhabitants of ChesterfieldMassachusetts Supreme Judicial Court · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Farley v. Board of Education of City of PerrySupreme Court of Oklahoma · 1917
- Selectmen of Norwood v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1894
- Gillan v. Board of Regents of Normal SchoolsWisconsin Supreme Court · 1894
- City of Somerville v. DickermanMassachusetts Supreme Judicial Court · 1879
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1886
1 more not listed; retrieve them via the Exa API.