| Show the supreme court city taxation ruling killing IN till territory of wednesday id feb 11 A 1 1891 I 1 lph lohr niini tint 11 elli oll 1 I 1 t cai fda james 11 lind ord appellant I 1 this cause 11 abing liron heretofore nr at sued lind and bubil submitted littell and tile ilie court j ining sufficiently advised ad i st d thereon it il ic i c how now here considered and lit adjudged that ll it the judgment of if the D ais s brict cobit therein bo be anil and the lie saine is irined anil and that I 1 base ami III recover of and floell appellant ilia his C coats 01 is inquired inci imd herein hemin to ile be tadd is ij pro provided videll by aa law 1 1 I hervill hereupon on coun vl f fur fr r appellant prays tile the allowance allo nance of if an all appeal 11 peal front from I 1 lie judgment rendered hete I 1 ike 1 I i dieme court of ill the 1 tates mates in pen open court counsel fur for betl being plesent and ami it was as aldere that mid appeal inand is heleba heil by title allowed d ami in tin the penal lum of if a I 1 liomel oil to be I 1 e ghen floell bc und is hereby linca at ix IN nik fill codur of atall ephraim 1 I ellison kelii on I 1 1 l 1 I 1 A title ou J the ns its tax cor of ill tin city of KON ville levied ami salil a i i 1 oil bel beloli kinling kiil liil to plain till tor for insipid municipal taxes levied by aid taid s elf city upun upon liis his propel 1 N I 1 alir lit lain till br 0 alit this action against tile defered ell ant t tr to leconer dai dainas daina nages s fur for tile HIP taking anti and selling slid aid I 1 lifo lill tile ground that the tam tams s feie ric illgas illek l tor for tile reason rca on that the property on oil chich tile tam tams s i alc ci e let levied ier N as not liable to taxation ter lor city purposes bein being situated outride tit alie platted and in settled ions f the city and soler note there aln re oin as aa to no benefit from tile of the taxes for municipal pin 1111 poses the defendant bylic answer er admitted idin bitted tin lilt and s silo ale of tile property pio perly perty its as alleged alle eed but claimed that eliat tile ilie taxes for inch it ins ns taken ere cre local legal the caule baube nas mas tried to tile court it bout 1 1 jury 11 upon lion tit an arceil statement of facts the couil held the tax amalid and jUdgIl lent in ill favor of tile plaintiff aoi fifty dollars dull irs and cots co ts and tile listef di birina this appeal appear itom said eaid judgment idi nent 1 rolli at plat of of the city showing its corporate limits the platted d and settled portion thereof and ami tile the location of plaintiffs plit plat is ia ninde a part of tile ilie and front from tit alir statement of facto it appears that tile pr prop crt of plaintiff on oil the taxes hen levied and on oil lie resides consists of three of lind land lk used ed for finning finni i rg I 1 purposes pur poss s ind and a store and all 1 11 within the corporate limits liblit stif of tile city chiy the mccond tract is n situated i bout about one mile and the tract about two miles from tile ilie platted portion of the city while i hile the store is fi sit thattil about two tuo miles away at 1 a I little place called layton on oil a county road leading to tile the city proper and a also lo 10 on oil t the he line of tile the tt ii C railroad this so called city is only a small email hillge con coll gainin about six fix hundred inhabitants in tho the cd portion thereof and yet its corporate lit limits include more than alnee i illare miles aniles it is not honn eliat tile platted and settled portion or what may lie be termed the city aits proper is likely to lie be extended in the of plain till s premises ies nor that any driveways or other improvements prove ments in that are arc contemplated tem plated or ire are at all probable tier nor is is iteli it shawn wn that plaintiff plain till will ill or ormande can derise derie any benant from the expenditure of these taxes except in eliat general bort of way in aich it maybe said ahat acler all persons 8 0 Is residing lit in country are t by good streets sidewalks I 1 etc in tile or city where they usually go to transact business but this kind of benefit is too slight to make inake it equitable or just that their property situated lit in the lie country L i hould bo be taxed for city purposes the ques questions 4 involved ved in this case were fully considered and elaborated by this court in the ilie ease case of the cleople vo vs daniels 2 ud pac rep rp 1611 that tax the validity of a tax oo on agricultural lands for city purposes and the tax was declared vold void lit in that ca case se kanc banc cli ch J in delivering tile the opinion of tile the court id that taxation for city purposes should be within tir thin the bounds indicated by its bud buddingh buddinge dinge or streets or alleys allens or othe oilier I 1 public and contiguous or adjacent districts so situated as to au thorie a reasonable expectation that they will be berie fitted by the improvements improvement of the city or protected by its police that districts should be included when hen it is ia apparent ind palpable that title benefits of f tile city to it vt ill be only such us its will vill be by other districts not in ill eluded such as aa will vill be co common millon to all neighboring we tee no leaden to t doubt the correctness ness of that eliat decision and as it is ia decisive of tile ilie point involved lit in this thia case tile judg judgment went of tile district court is affirmed fir ined we concur Sig signer netI blackbutt J M MNER milter NER J marked filed feb ath 1891 JOK 1 BACHE clerk TUB tim STATES or ABi ERICA territory of utah I 1 county of salt I ake es 1 Jose joseph lill 1 bacha Li clip clerk of the supreme fo aunt t of tile lie territory of if utah do 10 beilby cel citify tiby bluit the lie foregoing is a f ull full true ani and correct or reil copy cops of the judgment of said raid trout rouil 1 and opinion handed do ii n in the foje coing entitled action now loss of ofle lebold coid in ill dinv inv my ollice in testimony hei cof I 1 have hereunto ioset act my mv hand band and affixed the them seal al of haid Su supreme crarry tins this like liula jay day of if 1 el auary al A 1 une one thousand light hundred and ninety one jon 1 alv SEAL I 1 aclei cicik k |
