Corcoran v. Board of Aldermen
Massachusetts Supreme Judicial Court
Petition filed in the Supreme Judicial Court for the county of Middlesex December 31,1907, for a writ of certiorari to quash an assessment of the expense of watering streets in Cambridge made under E. L. c. 26, §§ 26, 27. The petitioners were owners of several parcels of land of different sizes and shapes, situated in different portions of Cambridge, under different conditions of travel, occupation and population and on streets of various widths.
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Petition filed in the Supreme Judicial Court for the county of Middlesex December 31,1907, for a writ of certiorari to quash an assessment of the expense of watering streets in Cambridge made under E. L. c. 26, §§ 26, 27. The petitioners were owners of several parcels of land of different sizes and shapes, situated in different portions of Cambridge, under different conditions of travel, occupation and population and on streets of various widths. The respondents were the board of aldermen, the board of assessors and the superintendent of streets of Cambridge. The petition was heard before…
1Opinion of the CourtKnowlton, C. J.
This is a petition for a writ of certiorari to quash an assessment of the expense of watering streets in the city of Cambridge, made under the R. L. c. 26, §§ 26 and 27. The most important question in the case is whether the statute is unconstitutional, because it gives the owner of the property assessed no opportunity to be heard in regard to the assessment. If no such opportunity is secured to him by the statute, it is invalid as an attempt to take his property without due process of law. Sears v. Street Commissioners, 173 Mass. 350, 355, and cases cited. See also Norwood v. Baker, 172 U.…
2Cases cited9 opinions
- Norwood v. BakerSupreme Court of the United States · 1898
- White v. GoveMassachusetts Supreme Judicial Court · 1903
- Sears v. Board of AldermenMassachusetts Supreme Judicial Court · 1899
- Sears v. Street Commissioners of BostonMassachusetts Supreme Judicial Court · 1899
- Ward v. Board of Aldermen of NewtonMassachusetts Supreme Judicial Court · 1902
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3Cited by16 opinions
- Fascination, Inc. v. HooverCalifornia Supreme Court · 1952
- Cheney v. CoughlinMassachusetts Supreme Judicial Court · 1909
- Whitney v. Judge of the District CourtMassachusetts Supreme Judicial Court · 1930
- Assessors of Brookline v. Prudential Insurance Co. of AmericaMassachusetts Supreme Judicial Court · 1941
- Garden Cemetery Corp. v. BakerMassachusetts Supreme Judicial Court · 1914
11 more not listed; retrieve them via the Exa API.