State ex rel. Burbank v. Mayor of Superior
Wisconsin Supreme Court
, 2. Since the oity is ultimately liable, and all the taxable property in it may be resorted to for the payment of any sum not realized from the special assessment, the statute providing for such assessment is not in contravention of sec. 13, art. I, Const., prohibiting the taking of private property for public use without just compensation. APPEAL from tbe Circuit Court for Douglas County.
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, 2. Since the oity is ultimately liable, and all the taxable property in it may be resorted to for the payment of any sum not realized from the special assessment, the statute providing for such assessment is not in contravention of sec. 13, art. I, Const., prohibiting the taking of private property for public use without just compensation. APPEAL from tbe Circuit Court for Douglas County. This was an application to the circuit court for Douglas county for a peremptory mandamus against the mayor and common council of the city of Superior, to compel them to levy a tax against all the taxable…
1Opinion of the CourtPiNNEY, J.
The contention of appellant’s counsel is that the provisions of the city charter and of the general statutes do not provide for a certain and adequate compensation for the lands of the relator taken for public purposes, as therein provided; and, while they do not question the validity or adequacy of the assessment made to pay the judgment recovered by the relators against the city for the lands taken, they contend that they are not bound to wait for their money until the remedy under the assessment is exhausted, but may at once have a peremptory mandamus to enforce payment of the amount…
2Cases cited7 opinions
- Sage v. . City of BrooklynNew York Court of Appeals · 1882
- Donnelly v. . City of BrooklynNew York Court of Appeals · 1890
- Norton v. PeckWisconsin Supreme Court · 1854
- McCormack v. . City of BrooklynNew York Court of Appeals · 1888
- Smeaton v. MartinWisconsin Supreme Court · 1883
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3Cited by6 opinions
- Sisson v. Board of SupervisorsSupreme Court of Iowa · 1905
- Muscoda Bridge Co. v. Worden-Allen Co.Wisconsin Supreme Court · 1928
- Janes v. City of RacineWisconsin Supreme Court · 1913
- Haubner v. City of MilwaukeeWisconsin Supreme Court · 1905
- Barton v. EdwardsSupreme Court of Arkansas · 1915
1 more not listed; retrieve them via the Exa API.