Legal Opinion · Dissent

G. T. Fogle & Co. v. King

West Virginia Supreme Court

Decided December 14, 1948No. 9967Published

1DissentFox, Judge

I am in accord with the holding of the majority that the personal liability of the defendant King is limited to the aggregate of the last two installments of the assessment here involved, falling due on May 1 of the years 1936 and 1937, with interest from the respective due dates thereof. I agree, in principle, with the holding of the majority that an assessment on a lot for paving purposes, in an amount in excess of the benefits which will accrue to the owner thereof from the improvements proposed to be made, is confiscatory and, therefore, unconstitutional. In my opinion, however, a person…

2Cases cited10 opinions

  1. Wilson v. Philadelphia School DistrictSupreme Court of Pennsylvania · 1937
  2. Lowther Oil Co. v. Miller-Sibley Oil Co.West Virginia Supreme Court · 1903
  3. Norfolk & W. R. v. PerdueWest Virginia Supreme Court · 1895
  4. Young v. Columbia Oil Co. of West VirginiaWest Virginia Supreme Court · 1931
  5. Damron v. City of HuntingtonWest Virginia Supreme Court · 1918

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