Howard v. First Independent Church

Bart on, J., delivered the opinion of this, court. By the existing system, established by the Acts of Assembly' and the Ordinances of the city of Baltimore, regulating the grading and paving of streets, it is made a necessary preliminary to any action by the city authorities, that the owners of a majority of feet fronting on the street, (or the part of it proposed to be graded and paved,) shall unite in an application to the city commissioner to have the work done, and on such application the city commissioner is authorized to have the work done, although the other proprietors may not' assent. The effect of this system is, to enable individual owners to set on foot measures, which will result in imposing burdens upon the property of others against their will. In the cases of Steuart, vs. M. & C. C. of Balt., 7 Md. Rep., 500, and Henderson, vs. M. & C. C. of Balt., 8 Md. Rep., 352 , the constitutionality of these laws and ordinances was discussed; but it was held by the Court of Appeals that it was competent for the city of Baltimore, under the Acts of Assembly, to establish the system, and that no constitutional ⁴⁵⁶ objection exists to the provisions of the Ordinance, No. 15, of 185(1, which Confer upon- the owners of a majority of front feet, the power of imposing a Burden,-or tax, for a.public improvement, on the property of other-owners against their will.

It is manifest, however, that the intention of the law is, that the application shall be made- in good faith, that is, by persons who actually assume their share of the burden, and that any arrangement or combination among the parties applying, whereby a few individuals, desirous of causing the grading and paving to-be done, procure the signatures of