Amsbary v. City of Twin Falls
Idaho Supreme Court
APPEAL from tbe District Court of the Eleventh Judicial District, for Twin Falls County. Hon. O. R. Baum, Judge. Appeal from a judgment of the District Court modifying an assessment for street paving. Where costs of local improvements are assessed according to the front-foot rule it is assessed according to the benefits and the whole cost of the improvement on the lateral street should be assessed to the corner lot.
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APPEAL from tbe District Court of the Eleventh Judicial District, for Twin Falls County. Hon. O. R. Baum, Judge. Appeal from a judgment of the District Court modifying an assessment for street paving. Where costs of local improvements are assessed according to the front-foot rule it is assessed according to the benefits and the whole cost of the improvement on the lateral street should be assessed to the corner lot. (25 R. C. L. 151, par. 66, and authorities cited; Youngstown v. Fishel, 89 Ohio St. 247, Ann. Cas. 1915D, 1073, 104 N. E. 141, 109 N. E. 575, 50 L. R. A., N. S., 921, note;…
1Opinion of the CourtMcCARTHY, J.
Respondent is the owner of lot 16, of block 15, in the city of Twin Falls, Idaho, a municipal corporation. It is a comer lot. The city, the appellant, is paving the lateral street upon which that lot abuts. The city council of appellant assessed to respondent’s lot the entire cost of paving that portion of the street upon which it abuts. Respondent appealed to the district court for Twin Falls county, under C. S., see. 4011, claiming that the assessment was invalid. On appeal the matter was heard as an equitable cause. The court found that lots 13, 14 and 15, the inside lots, together with…
2Cases cited7 opinions
- Peavy v. McCombsIdaho Supreme Court · 1914
- Olsson v. City of TopekaSupreme Court of Kansas · 1889
- Blackwell v. Village of Coeur D'AleneIdaho Supreme Court · 1907
- In re Pike StreetWashington Supreme Court · 1906
- Ahrens v. City of SeattleWashington Supreme Court · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Meyers v. City of Idaho FallsIdaho Supreme Court · 1932
- United Pacific Insurance v. BakesIdaho Supreme Court · 1937
- Bosworth v. AndersonIdaho Supreme Court · 1929
- Reynard v. City of CaldwellIdaho Supreme Court · 1935
- McNaughton v. NewportIdaho Supreme Court · 1946
2 more not listed; retrieve them via the Exa API.