Langstaff v. Town of Durant

Citations

• 111 Miss. 818
• 72 So. 236

Syllabus

<p>1. Municipal Corporations. Sidewalk improvement. Sufficiency of resolution. Fixing cost. Statute. Publication of notice.</p> <p>Where a town ordinance declared the construction of concrete sidewalks necessary and prescribed specifications of such sidewalks requiring, that all sidewalks should be of brick or concrete material, five feet wide on all residence streets, built to the street line and of even grades, such resolution sufficiently described the character of the improvement so as to enable the property owner to do the work himself.</p> <p>2. Sidewalk Assessments. Fixing cost. Statute.</p> <p>Under Laws 1912, chapter 260, section 16, prescribing the method of fixing the cost assessment for sidewalks, the method of adding the cost of all the improvements made under a town resolution and prorating the cost in proportion to the number of lineal feet of sidewalk owned by each property owner to the entire number of lineal feet of sidewalk built, is not in accordance with the statutes; the proper method of ascertaining the amount to be charged against the individual owner being to assess his property with the whole cost of the improvement immediately in front of it and for its entire frontage.</p> <p>3- Municipal Corporation. Sidewalk improvements. Publication of notice.</p> <p>Under Laws 1915, chapter 260, sections 6-7, providing that the resolution calling for a sidewalk improvement shall be published in a newspaper in the town and if there is none, then notice may be posted; where notice of a sidewalk improvement was published in a paper in a different town from the town in which the improvement was being made this was insufficient, though such paper had a general circulation in the town where the imments were to be made.</p> <p>4. Sidewalk Improvements. Notice. Statute.</p> <p>The giving of the notice required by sections 6 and 7 of Laws 1912, chapter 260, was a condition precedent to the affixing of the lien upon the property of an abutting owner to secure t