Robertson Lumber Co. v. City of Grand Forks
North Dakota Supreme Court
Appeal from the district court of Grand Forks County, Templeton, J. Suit to restrain the collection of a special assessment. Judgment for defendant. Statement by Bruce, J. This suit was brought by the appellant lumber company to restrain the collection of a special assessment on block 36 of the town of Grand Forks, and which was levied to defray the cost of the construction o£ a trunk sewer.
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Appeal from the district court of Grand Forks County, Templeton, J. Suit to restrain the collection of a special assessment. Judgment for defendant. Statement by Bruce, J. This suit was brought by the appellant lumber company to restrain the collection of a special assessment on block 36 of the town of Grand Forks, and which was levied to defray the cost of the construction o£ a trunk sewer. The validity of the assessment is challenged on the-grounds: (1) That plaintiff’s property was not benefited by the improvement in question; (2) that no ordinance creating and establishing* the…
1Opinion of the CourtBruce, J.
(after stating the facts as above).
We will first consider the first and fourth objections to the assessment, namely; (1) that appellant’s property was not benefited by the improvement in question, and (4) that the assessment was excessive, and was made arbitrarily, and not according to the benefits.
According to the evidence, the property in the district was divided into three classes, the business district, the residence district, and the railroad district. In the business portion of the city there were 425 lots 25 x 140 feet in size. In the residence and railroad districts there were 1,317…
2Cases cited42 opinions
- Morse v. City of OmahaNebraska Supreme Court · 1903
- Hennessy v. Douglas CountyWisconsin Supreme Court · 1898
- Michener v. City of PhiladelphiaSupreme Court of Pennsylvania · 1888
- Bennett v. City of EmmetsburgSupreme Court of Iowa · 1908
- Mason v. City of Sioux FallsSouth Dakota Supreme Court · 1892
37 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Marks v. City of MandanNorth Dakota Supreme Court · 1941
- Haman v. City of SurreyNorth Dakota Supreme Court · 1988
- Ellison v. City of La MoureNorth Dakota Supreme Court · 1915
- Reed v. City of LangdonNorth Dakota Supreme Court · 1952
- Hale v. City of MinotNorth Dakota Supreme Court · 1924
10 more not listed; retrieve them via the Exa API.