Lima v. Cemetery Ass'n
Ohio Supreme Court
ERROR to the Court of Common Pleas. Reserved in the District Court of Allen county. In 1882, Lima, a city of'the fourth grade of the second class (Rev. Stats. § 1518), made an assessment by the feet front, amounting to $318.16, on real estate within the city, belonging to the Lima Cemetery Association, a company incorporated under the laws of this state.
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ERROR to the Court of Common Pleas. Reserved in the District Court of Allen county. In 1882, Lima, a city of'the fourth grade of the second class (Rev. Stats. § 1518), made an assessment by the feet front, amounting to $318.16, on real estate within the city, belonging to the Lima Cemetery Association, a company incorporated under the laws of this state. Rev. Stats. §§ 3571-3586. The real estate abuts upon an alley in the city, and the assessment was made in due form by the city for grading and paving the alley. In an action in the court of common jileas of Allen county, under Rev. Stats. §§…
1Opinion of the CourtOkey, J.
A municipal corporation insisting upon the right to impose an assessment, should be prepared to show that such power has been clearly granted by statute; but, authority for such purpose being shown, in general terms, whoever insists that his property is exempted from the burden, will be required to support his claim by a provision equally clear. Hero authority to levy the assessment is clearly granted in general terms (Rev. Stats. § 2264), and whether it is shown by the Cemetery Association that its property is exempted from the assessment, is the only question for determination.
1. It is…
2Cases cited37 opinions
- People Ex Rel. Westchester Fire Insurance v. DavenportNew York Court of Appeals · 1883
- City of Bridgeport v. New York & New Haven RailroadSupreme Court of Connecticut · 1869
- Emery v. San Francisco Gas Co.California Supreme Court · 1865
- Palmer v. StumphIndiana Supreme Court · 1868
- Hill v. HigdonOhio Supreme Court · 1855
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