Stingily v. City of Jackson

(dissenting.)

I am unable to agree with the majority opinion in this case. There was no finding in the ordinance that the property adjoining the street would be specially benefited to the extent of the cost of the improvement, nor to any extent whatever. Section 5 of the ordinance provides that the entire cost of the improvement be assessed to the abutting property-owners, said section reading as follows :. “ That the property-owners whose property abuts on Roseneath street from the north property line of Central street to the south end of the existing pavement at the south side of Robinson…