Asheville v. Trust Co.
Supreme Court of North Carolina
PROCEEDING by city of Asheville against Wachovia Loan, and Trust Company, trustee, and P. M. Weaver, heard by Judge 0. II. Allen, upon demurrer, at the September Term, 1906,, of the Superior Court of Buncombe. This is a proceeding instituted by the plaintiff, City of Asheville, pursuant to the provisions of its charter, Private Laws 1901, ch. 100, sec. 65, to widen West College Street and have damages and benefits, sustained by the property affected, assessed.
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PROCEEDING by city of Asheville against Wachovia Loan, and Trust Company, trustee, and P. M. Weaver, heard by Judge 0. II. Allen, upon demurrer, at the September Term, 1906,, of the Superior Court of Buncombe. This is a proceeding instituted by the plaintiff, City of Asheville, pursuant to the provisions of its charter, Private Laws 1901, ch. 100, sec. 65, to widen West College Street and have damages and benefits, sustained by the property affected, assessed. Defendants, Wachovia Loan and Trust Company and Weaver, owners of a lot upon which benefits were assessed, excepted.to the report of…
1Opinion of the Court
CoNNOR, J.,
after stating the case: The demurrer calls into question the right of the plaintiff under the powers granted in its charter to assess special benefits for the purpose of paying the cost of widening West College Street. The learned counsel for defendants stated in his argument that he did not deny the right of the Legislature to confer upon the city of Asheville the power to assess against property within said city the cost of public improvements by which such property received peculiar and special benefits. He insists: First, *366that the power is not granted; second, that if granted,…
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3Cited by13 opinions
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