Town of Tarboro v. Staton
Supreme Court of North Carolina
Appeal from Whedbee, J., at June Term, 1911, of Edge-•combe.. Civil action to enforce a lien for special assessments. It appeared tbat tbe municipal authorities of Tarboro, acting under power expressly conferred by tbe Legislature, bad passed an ordinance requiring tbe owners of property abutting on tbat part of Main Street from Cburcb Street to Howard Avenue to curb and gutter tbe portion of the street in front of their property according to certain stated specifications,…
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Appeal from Whedbee, J., at June Term, 1911, of Edge-•combe.. Civil action to enforce a lien for special assessments. It appeared tbat tbe municipal authorities of Tarboro, acting under power expressly conferred by tbe Legislature, bad passed an ordinance requiring tbe owners of property abutting on tbat part of Main Street from Cburcb Street to Howard Avenue to curb and gutter tbe portion of the street in front of their property according to certain stated specifications, tbe one-balf of tbe cost to be borne by tbe town and tbe other half by tbe owners of abutting property according to…
1Opinion of the Court
Hoke, J.,
after stating the case: The right to impose burdens of this kind and the method of assessment by the front-foot rule, in cases like the present, have been upheld in several decisions of our Court, as in Kinston v. Wooten, 150 N. C., 295; Kinston v. Loftin, 149 N. C., 255; Asheville v. Trust Co., 143 N. C., 360; Hilliard v. Asheville, 118 N. C., 845; Raleigh *507v. Peace, 110 N. C., 32. While it is said in these and other eases that assessments of this character can only be upheld on the “theory of special benefit conferred and which bear some reasonable relation to the burdens imposed,”…
2Cases cited10 opinions
- French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
- Wight v. DavidsonSupreme Court of the United States · 1901
- City of Raleigh v. PeaceSupreme Court of North Carolina · 1892
- City of Atlanta v. HamleinSupreme Court of Georgia · 1895
- Hilliard v. City of AshevilleSupreme Court of North Carolina · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- City of Durham v. Durham Public Service Co.Supreme Court of North Carolina · 1921
- City of Raleigh v. MercerSupreme Court of North Carolina · 1967
- State v. BroyhillCourt of Appeals of North Carolina · 2017
- Lower Creek Drainage Commissioners v. MitchellSupreme Court of North Carolina · 1915
- Durham v. . Public Service Co.Supreme Court of North Carolina · 1921
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