Nowlen v. City of Benton Harbor
Michigan Supreme Court
Appeal from Berrien; Coolidge, J. Bill by Albert R. Nowlen against tbe city of Benton Harbor and Adolphus S. Miles, city treasurer, to restrain the collection of a paving tax. From a decree for complainant, defendant city appeals. The city of Benton Harbor took steps to pave portions of two streets, .Wall and Main, which intersected each other at nearly right angles.
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Appeal from Berrien; Coolidge, J. Bill by Albert R. Nowlen against tbe city of Benton Harbor and Adolphus S. Miles, city treasurer, to restrain the collection of a paving tax. From a decree for complainant, defendant city appeals. The city of Benton Harbor took steps to pave portions of two streets, .Wall and Main, which intersected each other at nearly right angles. The- complainant owned three lots, — No. 3, fronting only on East Main street; Nos. 1 and 2, fronting on East Main and Wall streets,— and in the year 1900 they were assessed together as one parcel at $2,500. Subsequently, and…
1Opinion of the CourtHooker, C. J.
(after stating the facts). The testimony shows that the three lots had a frontage of 150 feet on East Main street and of 165 feet on Wall street. During the time when these improvements were being made, the paving of Wall street was partially suspended pending negotiations with the complainant for a strip of land from said lots required by the city for the purpose of widening Wall street, and these ended by the payment of upwards of $400 for the same to the complainant, when the work was proceeded with, and finished before December, 1901. The evidence conclusively shows that the complainant…
2Cases cited14 opinions
- Atwell v. BarnesMichigan Supreme Court · 1896
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