Tileston v. Street Commissioners
Massachusetts Supreme Judicial Court
Petition, filed March 8, 1901, for a writ of certiorari to quash' the proceedings of the board of street commissioners of the city of Boston in making an assessment upon real estate of the petitioners under the south terminal act, St. 1896, c. 516. The case was heard by Morton, J. The respondents moved that the petition be dismissed, because of the decision of this court in 8'ears v. Street Commissioners, 180 Mass. 274. The petitioners asked the justice to disallow the…
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Petition, filed March 8, 1901, for a writ of certiorari to quash' the proceedings of the board of street commissioners of the city of Boston in making an assessment upon real estate of the petitioners under the south terminal act, St. 1896, c. 516. The case was heard by Morton, J. The respondents moved that the petition be dismissed, because of the decision of this court in 8'ears v. Street Commissioners, 180 Mass. 274. The petitioners asked the justice to disallow the motion, on the ground that the act above mentioned is in violation of the Constitution of the United States, and asked the…
1Opinion of the CourtHolmes, C. J.
This is a petition for a writ of certiorari based on the facts and covered by the decision in Sears v. Street Commissioners, 180 Mass. 274, except that the petitioners have devised and argued one special ground which seems to have escaped the ingenuity of counsel hitherto engaged. It is alleged, contrary to the adjudication of the board, that the estates assessed are assessed beyond the special advantage received, that they are not all the estates that received special advantage from the improvement, and, by way of suggestion or inference rather than of averment, that they are not assessed…
2Cases cited3 opinions
- Ward v. Board of Aldermen of NewtonMassachusetts Supreme Judicial Court · 1902
- Sears v. Street CommissionersMassachusetts Supreme Judicial Court · 1902
- Lincoln v. Board of Street CommissionersMassachusetts Supreme Judicial Court · 1900
3Cited by7 opinions
- Real Properties, Inc. v. Board of AppealMassachusetts Supreme Judicial Court · 1946
- Morrissey v. State Ballot Law CommissionMassachusetts Supreme Judicial Court · 1942
- Tracht v. County Commissioners of WorcesterMassachusetts Supreme Judicial Court · 1945
- Kidder v. City Council of BrocktonMassachusetts Supreme Judicial Court · 1952
- Albano v. Selectmen of South HadleyMassachusetts Supreme Judicial Court · 1960
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