Minnesota & M. Land & Improvement Co. v. City of Billings
Court of Appeals for the Ninth Circuit
Appeal irom the Circuit Court of the United States for the District of Montana. The appellant was the complainant in a bill brought against the appellees to restrain the city ol Billings from enforcing a special tax which by an ordinance of the city had been levied and declared a lien against the complainant’s property.
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Appeal irom the Circuit Court of the United States for the District of Montana. The appellant was the complainant in a bill brought against the appellees to restrain the city ol Billings from enforcing a special tax which by an ordinance of the city had been levied and declared a lien against the complainant’s property. The bill alleges that the appellant was the owner of a large number of lots within the town site of the city of Billings, and that that city, which is a municipal corporation of the state of Montana, created under and by virtue of an act of the legislative assembly of the…
1Opinion of the CourtGilbert, Circuit Judge
The validity of the proceedings whereby the special tax was levied by the city of Billings is challenged upon several grounds, one of which is that the statute which authorized the same violates the provision of the constitution of the United States which prohibits any state from depriving any person of property without due process of law, for the reason that it permits the exclusion of the consideration of the benefits of the improvement to the property which is to bear the burden thereof. The statute (section 440g) provides that’ the city council shall enact by ordinance that the expense of…
2Cases cited11 opinions
- Norwood v. BakerSupreme Court of the United States · 1898
- French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
- Speer v. Board of County Com'rsCourt of Appeals for the Eighth Circuit · 1898
- City of Coldwater v. TuckerMichigan Supreme Court · 1877
- Mullikin v. City of BloomingtonIndiana Supreme Court · 1880
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Federal Construction Co. v. EnsignCalifornia Court of Appeal · 1922
- Worthington v. District Court of the Second Judicial DistrictNevada Supreme Court · 1914
- Chase v. United StatesCourt of Appeals for the Eighth Circuit · 1919
- Haeussler v. City of St. LouisSupreme Court of Missouri · 1907
- McMurry v. Kansas CitySupreme Court of Missouri · 1920
7 more not listed; retrieve them via the Exa API.