English v. Mayor of Wilmington

Citations

• 16 Del. 63

Syllabus

<p>QUESTION OF LAW RESERVED BY THE SUPERIOR COURT FOR NEW CASTLE COUNTY.</p> <p>Constitutional Law. Municipal Corporation. Assessments for Sewers.— The Act of April 29, 1891, providing that the cost of constructing a complete sewer system for a city shall be assessed on all property adjoining a sewer, or with access thereto, at a fixed and uniform rate per foot of frontage, and per square foot of area to a certain depth, is a valid exercise of legislative discretion in assessing benefits.</p> <p>Same.—It is no objection to such an assessment that the amount thereof is based on an estimate of the cost of the sewer system.</p> <p>Same. Due Process Of Law.—The statute does not deprive the assessed abutters of their property without due process of law because it does not provide for notice and hearing before the assessment is levied.</p> <p>Same.—The Legislature may, without notice to the property owners to be assessed, fix the amount per foot of frontage and square foot of area which property adjoining a sewer shall be assessed for its construction.</p>