City of Greenville v. Harvie

Citations

• 79 Miss. 754

Syllabus

<p>Municipalities. Special improvements and assessments. Expense. Abutting owner. Code 1893, §§ 3011, 3013.</p> <p>A “special assessment” for the cost of constructing-a sidewalk is not chargeable upon abutting property, under § 3013, code 1893, when the resolution of the municipal uathorities declaring it necessary,-etc., under §3011, in relation to “special improvements,” gives notice that the walks will be constructed by the city, and indicates in no way that abutting property owners are to bear any part of the expense.</p> <p>[Whitfield, C. J., concurred in the conclusion reached by a majority of the court on the ground of want of sufficient notice, but dissented from the view expressed in the opinion of the court, being of opinion that the term “special assessment” always imported, when used in connection with special street improvements, that the owners of the abutting property should bear the expense of the improvement; and that since the resolution in question was passed in pursuance of § 3011, code 1893, regarded as having reference only to special improvements, the cost of which are chargeable against abutting property, it must be construed as imposing the whole cost upon the owners of such property. Nugent v. City of Jackson, 73 Miss., 1040, cited.]</p>