Legal Opinion

City of Fango v. Gearey

North Dakota Supreme Court

Decided February 4, 1916PublishedCited by 7 opinions

Appeal from the District of Cass eounty Pollock, J. This ease was taken for investigation and study in the practice court of the Law Department of our State University, and very creditable briefs were filed herein by consent of counsel by the following members of the Law Department, viz.: P. R. Bangs, J. Carl Loudon, C. B. Kelseh, Earl McFadden, and Franklin Page for plaintiff; and J. J. Mulready, C. F. Peterson, B. O. Angelí, Walter Scblosser, P. M. Paulson, and E. A.…

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Appeal from the District of Cass eounty Pollock, J. This ease was taken for investigation and study in the practice court of the Law Department of our State University, and very creditable briefs were filed herein by consent of counsel by the following members of the Law Department, viz.: P. R. Bangs, J. Carl Loudon, C. B. Kelseh, Earl McFadden, and Franklin Page for plaintiff; and J. J. Mulready, C. F. Peterson, B. O. Angelí, Walter Scblosser, P. M. Paulson, and E. A. Sweggum for the Park Commission. Public property, used for public purposes, is not subject to special assessments. Because…

1Opinion of the CourtGoss, J.

Fargo, acting by its city council, has levied special assessments aggregating $8,099 against Island park within said city for paving of streets bordering upon Island park. Part of the cost of the paving has been thus assessed against private property owners and the balance against the city park. Fargo had adopted a park district system and with it a park commission. That commission and the individual members thereof, these defendants, have at all times refused to recognize the jurisdiction of the city or its council or special assessment commission acting under it, to levy or enforce these…

2Cases cited15 opinions

  1. Cicero Lumber Co. v. Town of CiceroIllinois Supreme Court · 1898
  2. West Chicago Park Commissioners v. City of ChicagoIllinois Supreme Court · 1894
  3. People ex rel. Bransom v. WalshIllinois Supreme Court · 1880
  4. West Chicago Park Commissioners v. McMullenIllinois Supreme Court · 1890
  5. Vallelly v. Board of Park CommissionersNorth Dakota Supreme Court · 1907

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3Cited by7 opinions

  1. Ferry v. City of SeattleWashington Supreme Court · 1921
  2. State Ex Rel. Haggart v. NicholsNorth Dakota Supreme Court · 1936
  3. Schieber v. City of MohallNorth Dakota Supreme Court · 1936
  4. Holgerson Ex Rel. Holgerson v. City of Devils LakeNorth Dakota Supreme Court · 1933
  5. Thomas Bennett Estate, Inc. v. City of New HavenSupreme Court of Connecticut · 1933

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