Blanchard v. City of Barre
Supreme Court of Vermont
Appeal in Chancery. Heard on demurrer to the bill of complaint at the March Term, 1904, Washington County, Tyler, Chancellor. Demurrer overruled, pro forma, bill adjudged sufficient and taken as confessed. The defendant appealed. The opinion fully states the case. The paving assessment cannot legally be made unless the owners of the property to be assessed are notified and given the opportunity to be heard by the city council as to the necessity of the proposed improvement.
Read the full summary
Appeal in Chancery. Heard on demurrer to the bill of complaint at the March Term, 1904, Washington County, Tyler, Chancellor. Demurrer overruled, pro forma, bill adjudged sufficient and taken as confessed. The defendant appealed. The opinion fully states the case. The paving assessment cannot legally be made unless the owners of the property to be assessed are notified and given the opportunity to be heard by the city council as to the necessity of the proposed improvement. Stearns v. Barre, 73 Vt. 281; Roster v. Bank, 57 Vt. 132; Snow1 v. Samágate, 66 Vt. 45i. The charter is unconstitutional…
1Opinion of the CourtWatson, J.
The orators seek an injunction perpetually restraining the defendant from taking and selling the orators’ land or any part thereof to- satisfy certain assessments made thereon for paving a portion of Main street, and from taking-any further steps to collect said assessments, and to remove the cloud consequent on the same from the orators’ title. The case is here on demurrer to the bill, hence all matters well pleaded stand admitted.
*424By the defendant’s charter, — Laws of 1894, No. 165 as amended by laws of 1902, No. 211, — the administration of all fiscal, prudential, and municipal affairs of…
2Cases cited8 opinions
- Merritt v. . Village of PortchesterNew York Court of Appeals · 1877
- Nichols v. City of BridgeportSupreme Court of Connecticut · 1854
- Hayes v. Douglas CountyWisconsin Supreme Court · 1896
- Liebermann v. City of MilwaukeeWisconsin Supreme Court · 1895
- Stearns v. City of BarreSupreme Court of Vermont · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Village of Waterbury v. MelendySupreme Court of Vermont · 1938
- Hildreth v. City of LongmontSupreme Court of Colorado · 1909
- Bessette v. GoddardSupreme Court of Vermont · 1913
- Durkee v. City of BarreSupreme Court of Vermont · 1909
- State v. HallSupreme Court of Vermont · 1923
10 more not listed; retrieve them via the Exa API.