Shoemaker v. City of Cincinnati
Ohio Supreme Court
Error to the Circuit Court of Hamilton County. The action below was begun July 15, 1901, in the Court of Insolvency of Hamilton County by the plaintiffs in error against the city and the auditor, to enjoin the collection of an assessment for the improvement of Mercer street which had been levied on a lot owned by them on tlie corner of Vine and Mercer streets.
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Error to the Circuit Court of Hamilton County. The action below was begun July 15, 1901, in the Court of Insolvency of Hamilton County by the plaintiffs in error against the city and the auditor, to enjoin the collection of an assessment for the improvement of Mercer street which had been levied on a lot owned by them on tlie corner of Vine and Mercer streets. It was shown by tlie 'petition that the ordinance providing for the improvement was passed 'by the board of legislation of the city, February 8, 1897, and the ordinance providing for the payment' of the costs, the issuing of the bonds,…
1Opinion of the Court
Plaintiff’s action was based upon Section 5848, Revised Statutes, which confers jurisdiction to enjoin the illegal levy or collection of taxes and assessments, and the grounds on which this assessment is claimed to he illegal are two. One that the statute under which *561the assessment was -made, being Section 22645, Revised Statutes, is unconstitutional in that it deals with a subject of a general nature and has not a uniform operation throughout the state; in other words, that it applies only to Cincinnati. The other, that the method of assessment, being by the abutting foot instead of…
2Cases cited1 opinion
- Jeter v. HewittSupreme Court of the United States · 1860
3Cited by15 opinions
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- The People v. BrunerIllinois Supreme Court · 1931
- Schiff v. City of ColumbusOhio Supreme Court · 1967
- Laskey v. HiltyOhio Court of Appeals · 1951
- Nichols v. City of ClevelandCourt of Appeals for the Sixth Circuit · 1917
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