Burns v. City of Duluth
Supreme Court of Minnesota
Margaret Burns appealed to the district court for St. Louis county from an assessment of $346.37 levied upon her property by the board of public works of Duluth for the paving of Superior street. The case was tried before Cant, J., who found that the assessment should be reduced to $320.61 and that plaintiff was entitled to the return of the excess, and to payment of her disbursements on the appeal. From a judgment entered pursuant to the findings, plaintiff appealed.
1Opinion of the CourtJaggard, J.
The city of Duluth levied assessments upon the property of appellant and of other objectors for the contract price of a local improvement, and *105also ten per cent, of the contract price to cover “the expense of making survey, plans, specifications, and superintendence” of the work. The actual expenses of these items were found to be $833.06. The ten per cent, levied amounted to $3,743.86. The trial court cut out so much of the ten per cent, levied as was in excess of what was found to be the actual expense. The contention of the appellant in this case was that the entire ten per cent, levied…
2Cases cited10 opinions
- Dashiell v. Mayor of BaltimoreCourt of Appeals of Maryland · 1877
- In the Matter of the Petition of MerriamNew York Court of Appeals · 1881
- Porter v. . PurdyNew York Court of Appeals · 1864
- Smith v. City of PortlandOregon Supreme Court · 1894
- City of St. Paul v. MullenSupreme Court of Minnesota · 1880
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3Cited by5 opinions
- In re Improvement of Lake of the Isles ParkSupreme Court of Minnesota · 1922
- Pflueger v. KinseySupreme Court of Missouri · 1928
- Parsons v. City of WorcesterMassachusetts Supreme Judicial Court · 1919
- Irelan v. PortlandOregon Supreme Court · 1919
- State Ex Rel. Jordan v. Mayor of GreenwoodMississippi Supreme Court · 1930