McKenzie v. City of Mandan
North Dakota Supreme Court
Appeal from the District Court of Morton County, Nuchols, J. Action to restrain the collection of a special assessment sought to be levied under chapter 62 of the Laws of 1905. Judgment for defendants sustaining a demurrer to the complaint. Plaintiffs appeal. Plaintiff’s property is not within the sewer district as created by the ordinance, and hence it is not subject to the tax.
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Appeal from the District Court of Morton County, Nuchols, J. Action to restrain the collection of a special assessment sought to be levied under chapter 62 of the Laws of 1905. Judgment for defendants sustaining a demurrer to the complaint. Plaintiffs appeal. Plaintiff’s property is not within the sewer district as created by the ordinance, and hence it is not subject to the tax. Neher v. McCook County, 11 S. D. 422, 78 N. W. 998; Dumas v. Doulin, 1 MeGloin (La.) 275; Hibberd v. Slack, 84 Fed. 577; Ee Goetz, 71 App. Div. 272, 75 N. Y. Supp. 750. The call for bids must require a rate of…
1Opinion of the CourtBruce, J.
This is an appeal from an order sustaining a demurrer to a complaint in which the owners of a tract of land within the limits of the city of Mandan, North Dakota, seek to restrain the collection of a special assessment or sewer tax sought to be levied under chapter 62 of the Laws of 1905.
The first ground urged in favor of the complaint and against the demurrer is that the complaint shows upon its face that the property of the plaintiffs is not included within the sewer district as created by the council. The complaint shovra that the plaintiffs’ property is situated in or comprises that…
2Cases cited9 opinions
- Malin v. County of LamoureNorth Dakota Supreme Court · 1914
- State ex rel. Cunningham v. District Court of Ramsey CountySupreme Court of Minnesota · 1882
- Johnson v. City of MilwaukeeWisconsin Supreme Court · 1876
- State ex rel. Shannon v. Judges of District Court of Eleventh Judicial DistrictSupreme Court of Minnesota · 1892
- Watkins v. City of MilwaukeeWisconsin Supreme Court · 1881
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3Cited by8 opinions
- Ellison v. City of La MoureNorth Dakota Supreme Court · 1915
- Hale v. City of MinotNorth Dakota Supreme Court · 1924
- Kvello v. City of LisbonNorth Dakota Supreme Court · 1917
- Murray Bros. v. ButtlesNorth Dakota Supreme Court · 1916
- Teutsch v. City of Santa FeNew Mexico Supreme Court · 1966
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