Legal Opinion

Webster v. Fargo

Supreme Court of the United States

Decided April 29, 1901No. 378PublishedCited by 68 opinions

ERROR TO THE SÜPREME OOURT OF THE STATE OF NORTH DAKOTA. This was an action brought By Mortimer Webster in the district court in and for the county of Cass and State of North Dakota, against the city of Fargo ; James M. Fargo, as auditor of said city; D. C. Eoss, as treasurer, and G. J. Olson, as auditor, of Cass County, in which the plaintiff sought to enjoin the defendant from enforcing an assessment for grading and paving against certain lots or pieces of land belonging…

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ERROR TO THE SÜPREME OOURT OF THE STATE OF NORTH DAKOTA. This was an action brought By Mortimer Webster in the district court in and for the county of Cass and State of North Dakota, against the city of Fargo ; James M. Fargo, as auditor of said city; D. C. Eoss, as treasurer, and G. J. Olson, as auditor, of Cass County, in which the plaintiff sought to enjoin the defendant from enforcing an assessment for grading and paving against certain lots or pieces of land belonging to the plaintiff, and abutting on the streets of the city of Fargo. It was admitted, and, indeed, alleged, in the…

1Opinion of the CourtJustice Shieas

It is conceded, in this record, that thé plaintiff in error has no ground to complain of any discrimination attempted against him, either in the statutes of the State or in the proceedings thereunder, whereby the tax in question was assessed against his property. The sole contention on his behalf is that, under the decision of this court in the case of Norwood v. Baker, 172 U. S. 269, all special assessments upon the basis of frontage are in violation of the Fourteenth Amendment to the Constitution of the United States, in that they may reihlt in the taking of property without due process of…

2Cases cited1 opinion

  1. Norwood v. BakerSupreme Court of the United States · 1898

3Cited by68 opinions

  1. Louisville & Nashville Railroad v. Barber Asphalt Paving Co.Supreme Court of the United States · 1905
  2. Duncan v. RamishCalifornia Supreme Court · 1904
  3. City of Seattle v. KelleherSupreme Court of the United States · 1904
  4. Utley v. St. PetersburgSupreme Court of the United States · 1934
  5. Arnold v. Mayor of KnoxvilleTennessee Supreme Court · 1905

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