Reports of Cases Argued and Determined in the Appellate Court of the State of Indiana (Volume 24) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901. Excerpt: ... Indianapolis, etc., R. Co. v. Capitol Paving, etc., Co. S. 0. Pickens and R. F. Davidson, for appellant. Daniel Wait Howe, for appellee. Robinson, J.--Appellant's right of way in Kentucky avenue, Indianapolis, between River and Merrill streets, occupies the north half of the avenue. Appellee seeks to collect a street improvement assessment levied on this right of way by the board of public works for improving the south half of the avenue between River and Merrill streets. The question presented is the power of the board of public works to make the assessment against appellant's right of way. It is first argued that there is no authority in the city charter for assessing the cost of improving one side of a street against any property. The city charter provides that if the board of public works shall order the improvement, advertise for bids, and let the contract, the cost of the improvement shall be estimated according to the whole length of the street, or so much thereof improved as is uniform in the extent and kind of the proposed improvement per running foot, and the total cost, exclusive of street and alley intersections, "shall be apportioned upon the lands or lots abutting thereon." That the "lots or lands bordering on" the street shall be assessed and liable to the payment of such assessment primarily, and if not sufficient, then lots or land shall be liable back a named distance from the front line. 3845, 3846 Burns 1894. A municipal corporation derives its right to impose local taxation from the State, and express legislative permission is necessary when the right is exercised. A person against whom a local assessment is levied may successfully insist that the statute conferring this right be strictly construed in his favor. The city c...