Legal Opinion

City of Atlanta v. Hamlein

Supreme Court of Georgia

Decided July 8, 1895PublishedCited by 25 opinions

Petition for injunction. Before Judge Lumpkin. Fulton county. February 4, 1895.

1Opinion of the Court

Atkinson, Justice.

1. The theory upon which local assessments for street improvements are allowed to be laid upon the abutting lot owners is, that such street improvements, aside from the mere general advantage resulting to the community at large, will result in some special advantage to the par*383ticular owner in which the general public does not participate. This special benefit to the private lot owner is the circumstance which gives legal validity to a legislative act authorizing the assessment; for unless some special advantage result to the owner in consequence of the street improvement for…

2Cases cited2 opinions

  1. Preston v. RuddCourt of Appeals of Kentucky · 1886
  2. City of Atlanta v. Gate City Street RailroadSupreme Court of Georgia · 1887

3Cited by25 opinions

  1. City of Valdosta v. HarrisSupreme Court of Georgia · 1923
  2. Georgia Railroad & Banking Co. v. Town of DecaturSupreme Court of Georgia · 1912
  3. Monticello, Ltd. v. City of AtlantaCourt of Appeals of Georgia · 1998
  4. Johnson v. RudolphCourt of Appeals for the D.C. Circuit · 1926
  5. Webb v. City of AtlantaSupreme Court of Georgia · 1938

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