City of Decatur v. Southern Railway Co.
Supreme Court of Alabama
Appeal from Morgan Law and Equity Court. Bill by the Southern Railway Company against the City of Decatur to enjoin the enforcement of a municipal ordinance to enforce the sale of a portion of the right of way. From a decree overruling demurrers to the bill respondents appeal. Under the allegations of the bill the assessment sought was of a benefit to the abutting property regardless of what its uses may be. — Ala.
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Appeal from Morgan Law and Equity Court. Bill by the Southern Railway Company against the City of Decatur to enjoin the enforcement of a municipal ordinance to enforce the sale of a portion of the right of way. From a decree overruling demurrers to the bill respondents appeal. Under the allegations of the bill the assessment sought was of a benefit to the abutting property regardless of what its uses may be. — Ala. B. B. Go. v. Barbour, 197 U. S. 434. The city council has adjudicated that the property involved ivas benefited by the improvement, and that that amount had been assessed against…
1Opinion of the CourtMayfield, J.
— Appellee railroad company, filed this bill against the City of Decatur, and some of its officers, to enjoin the enforcement of a certain municipal ordinance, by which the city proposed to sell, and was proceeding to sell, a portion of the railroad’s right of way, for the purpose of enforcing the payment of an assessment against the right of way for the opening and improvement of a street of the city which is adjacent to or abutting the railroad right of way. The city demurred to the bill, and the trial court overruled the demurrer. The court, in a short opinion accompanying the decree,…
2Cases cited18 opinions
- Louisville & Nashville Railroad v. Barber Asphalt Paving Co.Supreme Court of the United States · 1905
- Illinois Central Railroad v. DecaturSupreme Court of the United States · 1893
- East Alabama Railway Co. v. Doe Ex Dem. VisscherSupreme Court of the United States · 1885
- Louisville, New Albany & Chicago Railway Co. v. BoneyIndiana Supreme Court · 1889
- Gue v. Tide Water Canal Co.Supreme Court of the United States · 1861
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3Cited by14 opinions
- MacLeod v. StelleIdaho Supreme Court · 1926
- Town of Camden v. Fairbanks, Morse & Co.Supreme Court of Alabama · 1920
- Alabama Traction Co. v. Selma Trust & Savings BankSupreme Court of Alabama · 1925
- City of Decatur v. Southern Railway Co.Supreme Court of Alabama · 1914
- Nashville, C. & St. L. Ry. v. Town of BoazSupreme Court of Alabama · 1925
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