MUNICIPAL CORPORATIONS-SPECIAL ASSESSMENTS-METHOD OF REVIEW WHERE A SPECIAL ASSESSMENT IS LEVIED ON A RAILROAD RIGHT-OF-WAY

Authors

Judson M. Werbelow S.Ed., University of Michigan Law SchoolFollow

Abstract

Defendant municipality made surface and curb improvements on a street located near plaintiff railroad's right-of-way. Four parcels of land, each containing a house, separated the right-of-way from the street on which the improvements were made. Plaintiff's right-of-way contained a single set of railroad tracks over which plaintiff's trains traveled. Property owners in the improvement district were assessed a total of $13,220.90 for the improvements, $4,715.53 of this special assessment being levied on plaintiff's right-of-way. Plaintiff brought suit to enjoin collection of that part of the special assessment which was levied on its property. The trial court found that the improvement did not benefit the plaintiff's right-of-way and granted the injunction. On appeal, held, affirmed. After reviewing the evidence, it was found that the right-of-way was not benefited by the street improvements, and therefore the special assessment on the plaintiff's property was void. Chicago & N.W. Ry. Co. v. Omaha, 156 Neb. 705, 57 N.W. (2d) 753 (1953).

Recommended Citation

Judson M. Werbelow S.Ed., MUNICIPAL CORPORATIONS-SPECIAL ASSESSMENTS-METHOD OF REVIEW WHERE A SPECIAL ASSESSMENT IS LEVIED ON A RAILROAD RIGHT-OF-WAY, 52 Mich. L. Rev. 759 (1954).
Available at: https://repository.law.umich.edu/mlr/vol52/iss5/15