Felmet v. Town of Canton
Supreme Court of North Carolina
ActioN beard on return to a preliminary restraining order before Lane, J., at May Term, 1918, of Haywood. Tbe action was instituted by plaintiffs/ citizens and abutting owners of property in West Canton, to set aside and restrain tbe collection of an assessment made by tbe town of Canton against plaintiffs as abutting owners by reason of a pipe laid along tbe streets in front of plaintiffs’ property and for tbe purpose of supplying tbe owners and occupants witb tbe city…
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ActioN beard on return to a preliminary restraining order before Lane, J., at May Term, 1918, of Haywood. Tbe action was instituted by plaintiffs/ citizens and abutting owners of property in West Canton, to set aside and restrain tbe collection of an assessment made by tbe town of Canton against plaintiffs as abutting owners by reason of a pipe laid along tbe streets in front of plaintiffs’ property and for tbe purpose of supplying tbe owners and occupants witb tbe city water, etc. On tbe bearing tbe restraining order was dissolved and plaintiffs excepted and appealed.
1Opinion of the CourtHoke, J.
The right of municipalities to make these assessments for public local purposes, when acting under legislative authority properly conferred, has been very broadly upheld in this State, extending to any of the recognized methods of procedure and apportionment and including both the front-foot rule as well as the creation of local assessment districts. Being, as it is, referred to the power of taxation, it is very largely a matter of legislative discretion, usually held to be conclusive as to the necessity for the improvement, and in respect to the method of apportionment as well as the amount…
2Cases cited17 opinions
- Davidson v. New OrleansSupreme Court of the United States · 1878
- French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
- Houck v. Little River Drainage DistrictSupreme Court of the United States · 1915
- Parsons v. District of ColumbiaSupreme Court of the United States · 1898
- Lent v. TillsonSupreme Court of the United States · 1891
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3Cited by12 opinions
- Kinston v. . R. R.Supreme Court of North Carolina · 1922
- Gallimore v. Town of ThomasvilleSupreme Court of North Carolina · 1926
- Rigsbee v. . BrogdenSupreme Court of North Carolina · 1936
- Tobacco Co. v. . Maxwell, Comr. of RevenueSupreme Court of North Carolina · 1938
- Anderson v. Town of AlbemarleSupreme Court of North Carolina · 1921
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