Alr Volume 9

Alr Volume 9

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...not ordinarily interfere; but if they depart from the 'power which the law has vested in them, ' or 'if they assume to themselves a power over property which the law does not give them, ' they are not considered as acting within the scope of their authority, and such unauthorized acts may be enjoined. Courts of equity will also restrain the collection of a tax levied without authority of law." Where the entire block of property abutting on a street improvement is owned by a university, and six sevenths are used for educational purposes, an assessment against the entire block is void. Nor will the court permit a reassessment putting the entire cost on the portion not actually used by the university, and the right to object to the assessment is not waived by standing by and allowing the contractor to expend money on improvements in front f the property. Raisch v. University of California (1918) 37 Cal. App. 697, 174 Pac. 943. In State, Frevert, Prosecutor, v. Bayonne (1899) 63 N. J. L. 202, 42 Atl. 773, it appeared that the expense assessed against abutting property for a sewer was greatly in excess of the benefit received. It was held that a delay of two years did not prevent the owners from asking for a reassessment, the court saying: "While unreasonable delay will ordinarily induce this court to refuse its prerogative writ to review an assessment for defects in procedure or alleged excessiveness, and perhaps should always have that effect where there is no way of subjecting the lands affected to a proper share of the public burden, there seems to be no good reason for denying just relief, where there is a power of reassessment, as there is in the case now before us.... There are precedents for the setting aside of illegal...
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Product details

  • Paperback | 1064 pages
  • 189 x 246 x 53mm | 1,855g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236635779
  • 9781236635778