Whetsell v. City of Elkins
West Virginia Supreme Court
Appeal from Circuit Court, Randolph County. Bill by B. E. Whetsell and others against the City of Elkins and others. Decree of dismissal, and plaintiffs appeal.
1Opinion of the Court
POEEEJSTBAJRGER, JUDGE :
B. E. Whetsell and J. D. Marstiller, appellants, seek by their bill to enjoin collection of special assessment upon their property and that of all others similarly situated, made by the City of Elkins for street paving, on the theory of lack of power in the city to pave its streets and charge two-thirds of the cost thereof to the abutting property owners. This is the sole ground of invalidity alleged. There is a paragraph which denies derivation of any special benefit to the property, but all the property charged abuts on the paved streets and that benefit accrues to…
2Cases cited12 opinions
- Chesapeake & Ohio R. Co. v. MillerWest Virginia Supreme Court · 1882
- Christie v. MaldenWest Virginia Supreme Court · 1884
- Tingue v. . Village of Port ChesterNew York Court of Appeals · 1886
- City of Grafton v. HoltWest Virginia Supreme Court · 1905
- Williams v. County Court of Grant Co.West Virginia Supreme Court · 1885
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3Cited by2 opinions
- City of Elkins v. HarperWest Virginia Supreme Court · 1918
- City of St. Marys v. LockeWest Virginia Supreme Court · 1913