Nugent v. City of Jackson

Citations

• 72 Miss. 1040

Syllabus

<p>i. Code 1892, § 3011. Words omitted im, printiny. Effect.</p> <p>Between “i' and “the,” inline 7, \\ 3011, code 1892, as published (dealing' with special assessments by municipalities), the words ‘ a majority of ” are omitted. These words appear in the code as adopted and on file in the office of the secretary of state, and it must control. Code 1892, l 2; Ex pm'te Wren, 63 Miss., 512.</p> <p>2. Municipality. Special assessment; protest. Code 1892, H 3011, 3012.</p> <p>Under 3011, 3012, code 1892 relating to local or special assessments, the privilege of preventing an improvement is not given to any one property owner. This can only be done by a written protest filed by “a majority of the resident owners of the property on said street, avenue, alley, sidewalk, or part' thereof, to be benefited by such improvement,” the words “a majority ofbeing- in the code as adopted.</p> <p>3. Same. Power. Special assessments. Validity of legislation.</p> <p>The validity of legislation such as the above sections of the code, providing for special assessments, and investing the local authorities with the discretion oí judging' as to the necessity for the improvements, and with power to levy and apportion the charge therefor, subject to certain just limitations to be interposed by the courts in proper eases, is unquestionable.</p> <p>4. Municipality. Power of court*. Abuse of discretion by local authorities.</p> <p>Courts are not invested with discretionary powers oí determining' when highways shall be improved. In the matter of local improvements and special assessments therefor, they can only interfere in eases of fraud or oppression, or some such wrong- as constitutes a plain abuse of discretion on the part of the local authorities. Macon, v. Patty, 57 Miss.. 378.</p> <p>5. Same. Notice to owners. Vue process of lato. Code 1892. 3011, 3013.</p> <p>Onder gg 3011, 3012, code 1892, three weeks’ notice, by publication, is required to be g'iven of the resolution declaring an improv