Legal Opinion

City of Parkersburg v. Tavenner

West Virginia Supreme Court

Decided November 28, 1896PublishedCited by 13 opinions

I — Sections 81 and 82 of Charter of City, Acts of 1889, pp. 48 and 49. II. — Municipal action and conditions precedent must be observed. — Cooley on Taxation (2nd Ed.) 656-7-8 9, notes and cases cited. 2 Dillion Municipal Corp. (Fourth.

Read the full summary

I — Sections 81 and 82 of Charter of City, Acts of 1889, pp. 48 and 49. II. — Municipal action and conditions precedent must be observed. — Cooley on Taxation (2nd Ed.) 656-7-8 9, notes and cases cited. 2 Dillion Municipal Corp. (Fourth. Ed.) Section 811. III. — Municipal corporations must strictly comply with ordinances. — 6 N. Y. 92. IV.— Where mode in which power of municipal corporation is prescribed, the prescribed mode constitutes the power, and must be followed. — 15 Am. & Eng. Ency. Law, 1042, and cases cited in notes. Y. — Power to make assessments rests, if at all, in council, and…

1Opinion of the Court

Dent, Judge:

Acting under its charter as amended by chapter 13, Acts 1889, the city of Parkersburg, through its council, paved a certain portion of its streets, and assessed two-thirds of the cost thereof against the abutting property owners; and also constructed a sewer, the whole cost of which was assessed to the abutting property owners in proportion to their frontage. The defendant was one of these property owners. Her assessment amounted to three hundred and nineteen dollars and fourteen cents for paving and fifty eight dollars and three cents for sewerage, which she refused to pay. The…

2Cases cited6 opinions

  1. Inhabitants of Palmyra v. MortonSupreme Court of Missouri · 1857
  2. Norfolk City v. EllisSupreme Court of Virginia · 1875
  3. City of Norfolk v. ChamberlainSupreme Court of Virginia · 1892
  4. Davis v. City of LynchburgSupreme Court of Virginia · 1888
  5. R. & A. R. R. v. City of LynchburgSupreme Court of Virginia · 1866

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. McGarvey v. SwanWyoming Supreme Court · 1908
  2. Rolph v. City of FargoNorth Dakota Supreme Court · 1898
  3. Heavner v. City of ElkinsWest Virginia Supreme Court · 1911
  4. McCoy v. City of SistersvilleWest Virginia Supreme Court · 1938
  5. La Follette v. City of FairmontWest Virginia Supreme Court · 1953

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API