Bassett v. City of New Haven
Decision Date | 24 July 1903 |
Citation | 76 Conn. 70,55 A. 579 |
Court | Connecticut Supreme Court |
Parties | BASSETT v. CITY OF NEW HAVEN (two cases). |
Appeal from Superior Court, New Haven County; William S. Case, Judge.
Applications by Sarah B. Bassett for relief from sewer assessments imposed by the city of New Haven. From judgments confirming the assessment, applicant appeals. Affirmed.
John K. Beach and John W. Bristol, for appellant.
Leonard M. Daggett, for appellee.
These two cases were tried below and argued before us together. As they involve substantially the same state of facts and the same questions of law, save in one minor particular, they may now be considered by us in a like manner.
In April, 1897, the court of common council of the defendant city, after compliance with the necessary preliminary action, awarded a contract for the construction of a sewer extending through Shelton avenue and ivy and Newhall streets, and connecting at the corner of Newhall and Division streets with a sewer already built, through which, and other laterals and mains, service to the outlet, two miles distant from Newhall street, was obtained. The construction having been completed prior to May 31, 1898, the assessment of benefits therefor was referred to the bureau of compensation. This board, after due notice and hearing, made its report. This report took the form of three reports, in which the assessments made against the abutting landowners upon the three streets through which the sewer extended were separated; each report dealing only with the assessments made against the landowners upon a single street. The applicant, being a landowner upon Shelton avenue and ivy street, had assessments made against her in the reports involving those portions of the sewer. These reports were afterwards accepted by the court of common council, whereupon the applicant began these proceedings, praying that the several assessments made against her be annulled. The first case in the order of the docket grows out of the ivy street assessment; the second, out of the Shelton avenue assessment. The total cost of the sewer was $16,288.81. The assessment along Shelton avenue amounted to $5,733.36; along ivy street, to $2,854.62; and along Newhall street, to $3,271.67; the total amount being $11,859.65. By an apportionment, made at the time of the trial of the appeals in the superior court, of the cost of the sewer, which was an entire gross sum, and so carried upon the books of the director of public works, it appeared that the cost of the Shelton avenue portion of the sewer was $5,623.79. All the assessments along the entire length of the sewer were made at the uniform rate of $1.75 per front foot, except that a 75-foot allowance was made upon one side of corner lots. At the corner of Shelton avenue and ivy street this allowance was made on the ivy street side. ...
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