100 A. 834 | Md. | 1917
This is an appeal from an order or decree sustaining a demurrer to the bill of complaint of the appellant and dismissing the bill.
The purpose of the bill was to enjoin the City Collector of Baltimore City from collecting an assessment levied against the appellant's property by the judges of the Appeal Tax Court of Baltimore City, and to enjoin the said Judges of the Appeal Tax Court from levying any assessment against the property of the appellant for paving done on property of the appellant.
It is alleged in the bill that the appellant is now, and was at the time of the occurrences set forth in the bill, the owner of property located on the east side of Jackson street, and that the Mayor and City Council of Baltimore, without any warrant of law, and before it had acquired title to the property belonging to the appellant, and without his consent, proceeded to project a street over the appellant's property and caused the said street to be paved with an improved pavement; and that the Appeal Tax Court, after notice given and hearing had, levied an assessment for the said paving against the property of the appellant. It was further alleged that after the hearing before the Tax Court, the appellant was notified by one of the Judges of said Court, that the property would not be assessed for the paving theretofore done for the year 1916, or until such time as the Mayor and City Council had obtained title to the property upon which the paving was laid. That, relying upon such statement, the appellant had *497 no knowledge that the assessment had been made until he received a bill from the City Collector, and at that time, more than thirty days had elapsed since the assessment had been made, and that, therefore, he had lost any right of appeal he might have had.
The only contention raised by the appellees in support of their demurrer is, that the Baltimore City Court had sole jurisdiction, on appeal, to hear and decide the questions raised in this bill. Their contention is that Section 170 of the Baltimore City Charter, as amended by Chapter 167 of the Acts of 1908, gives a clear legal remedy and the right to resort to equity is therefore taken away; and rely upon the case of Wannenwetch v.Baltimore,
As stated above the appellant alleges that he is the owner of property, that the Mayor and Council have projected without warrant of law, a street over said property, and that the paving for which an assessment has been made and a bill rendered, was laid upon the property of the appellant without his consent and without warrant of law. All of these facts being admitted, this case is brought too close to that of Baltimore v. Hook,
If then, the Baltimore City Court had not the power, under the express words of the statute, to declare these assessments null and void, that power still must have reposed in the Court where it had so long been exercised.
We are of the opinion, therefore, that the lower Court committed error when it sustained the demurrer and dismissed the bill, and we will reverse the decree and remand the cause for further proceedings.
Decree reversed, cause remanded for further proceedings;appellees to pay the cost. *499