188 Mass. 88 | Mass. | 1905
These are petitions for writs of certiorari to quash assessments of betterments upon the estates of the several petitioners for a part of the cost of widening and extending Columbus Avenue in the city of Boston. The assessments were made under the St. 1902, c. 527, which was considered in Warren v. Street Commissioners, 187 Mass. 290.
The principal contention in the present cases is that the statute purports to authorize two assessments for the same public improvement, one for the legal act which determines that certain changes are to be made, and another for the benefits coming from the changes when they have been completed by the construction, and that therefore it is invalid. This contention is founded upon an erroneous view of the statute. The act does not purport to authorize two assessments for the same public improvement. It authorizes an assessment only for a “ public improvement completed by the city within six years ” before the day of the passage of the act. For a public improvement so completed, there can be but one assessment. Warren v. Street Commissioners, ubi supra. The improvement for which the assessments were laid in these cases was made under the St. 1894,
The contention of the several petitioners that the public improvement was completed at the time of making the original order for widening and extension is, therefore, erroneous, and the improvement was completed within six years before the day of the passage of the St. 1902, c. 527, and could, therefore, be made a subject for assessment under the act.
Ordinarily such a public improvement as the laying out, or widening, or extension of a street is not completed, within the meaning of this statute, until it is put in condition for public use. The ambiguity in the statute arises from the fact that, under the laws applicable to the city of Boston, it recognizes the possibility of a public improvement of some one of the kinds mentioned, which may be completed without construction, and the possibility
The petitioners cannot complain because the street commissioners, in making the assessments, left out of consideration a part of the cost of completing the improvement. The cost which they considered was much more than enough to justify the assessment. If they had included all the cost, the result would have been the same.
Petitions dismissed.