Kvello v. City of Lisbon
North Dakota Supreme Court
Action to set aside a special assessment. Appeal from the District Court of Eansom County, Honorable Frank P. Allen, Judge. Judgment for defendants. Plaintiffs appeal. The proceedings of the city council were invalid, and the council lacked jurisdiction because it never, prior thereto, had created a “waterworks district” as by law required, or in any other manner. Price v. Fargo, 24 N. D. 440, 139 N. W. 1054; Eev. Codes 1905, § 2772, Comp.
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Action to set aside a special assessment. Appeal from the District Court of Eansom County, Honorable Frank P. Allen, Judge. Judgment for defendants. Plaintiffs appeal. The proceedings of the city council were invalid, and the council lacked jurisdiction because it never, prior thereto, had created a “waterworks district” as by law required, or in any other manner. Price v. Fargo, 24 N. D. 440, 139 N. W. 1054; Eev. Codes 1905, § 2772, Comp. Laws 1913, §§ 3698, 3701-3703, etc.; Laws 1913, chap. 74. It is the law that statutory requirements relating to special assessments should be strictly…
1Opinion of the Court
Bruce, Ch. J.
This is an action in equity to restrain the levying, spreading upon the records, and collection of a special assessment in the city of Lisbon, North Dakota, and this opinion is written after a rehearing. The improvement involved is a standpipe which is to take the place of a water tank, and is to be used for the purposes of fire protection. The lower court held all the proceedings regular and valid, and in addition found the plaintiff guilty of laches. Plaintiff' has appealed and has asked for a trial de novo.
The first point raised by plaintiff and appellant is that the city…
2Cases cited19 opinions
- Bull v. ReadSupreme Court of Virginia · 1855
- Whitney v. Common Council of HudsonMichigan Supreme Court · 1888
- State v. CodyOregon Supreme Court · 1890
- Keese v. City of DenverSupreme Court of Colorado · 1887
- Robertson Lumber Co. v. City of Grand ForksNorth Dakota Supreme Court · 1914
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- Beadle v. DanielsWyoming Supreme Court · 1961
- Dakota Land Company v. City of FargoNorth Dakota Supreme Court · 1974
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