The Hawaiian gazette., 1890-05-06
SUPREME COURT DECISIONS.

street. Honolulu. Appeals of
:. c. Allen, estate OF Mrs. B.
P. Bishop and Mrs. Snow. Be
fore the Chief Justice. Janu-
AIRY Term, 1890 Jury waived.
OPINION OF CHIEF JUSTICE JUDD.
Several important questions are
brought up by these appeals.
FIrst-Have the Commissioners
appointed under the Statute to
assess the damages TO. property
taken for street opening or i'm
provement and benefits for such
improvements, the authority to
assess benefits upon land situated
not upon the street widened but in
the neighborhood.
Second-Are the particular es-
tates, whose assessments are APP
pealed from, within the authority of
the Commission.
Third-Do the damages or cost,
: percentage of which is to be re-
c0uped by these assessments, in
elude the damages paid TO owners
Of lands which have been taken by
the State for the street improve
ment2
Section I Of the Act of 1870 pre-
scribes that the Commission shall
determine what estates are espeei-
ally benefited by such road or
highway, and the amount of espe-
ci2I benefit 10 each
The appellants lots are situated:
Mr.. Aliens on King street, be-
tween Alakea and Richards; one
lot Of Mrs. Bishops estate is on
King street, between Alakea
and Fort, and the other on
Queen street, between AIakea and
Richards; and Mrs SHOWS lot on
Hotel street, between Alakea and
Richards.
No one Of these lots Is on Alakea
street. which was widened, and no
one has been made more convent
eut Of access or benefited in any
that 1t Is possible TO discover.
There Is no evidence that their
sslesble value in the market or
their value 10 rent has been espe-
eially appreciated by the widening
Of s street in the neighborhOod.
ANY improvement in the town is
doubtless . general advantage to
al the property holders in the
town
The introduction of water works.
the better lighting of streets, facii-
ties for transportation Of freight
and passengers, 3 good police ser
vice. everything Of this character,
improves the value Of real estate in
: town
But these are general advantages
n which all parcels of real estate
IN the given town share in
greater or less degree. cannot
bring myself TO the idea that lot
Of land living between Alakes and
the next street parallel to it, is any
more benefited by the widening of
Alakea than any other lot in this
town, not on the street.
Only especial benefits are to
be assessed, not general benefits in
which all property owners in the
tewn, district or island participate.
The Legislature in prescribing
that the estates especially bene-
flied By the Improvement should
be assessed for q portion of the cost
q the Improvement, certainly did
not intend that the incidental adj
vantages which might accrue to all
the landed property in the district
OF Honolulu should contribute to
the cost
The Statute Of Massachusetts, dis
tinetly limits the assessment Of bet
terments TO such real estate, in
GLIDING that a part Of which is
taken therefor, which receives any
benefit and advantage therefrom
beyond the general advantages to
ali real estate in the city or town.
Mass. Statutes 1882, p. 344.
I think our Statute has the same
meaning and intention, and accord
ingly I find that part OF the report
OF determination of the Commits
sioners which assesses benefits on
the appellants estates to be void.
The remaining objections TO the re-
port OF the Commissioners it Is not
necessary to consider.
a. F. JUDD,
Chief Justice Supreme Court.
". Foster for appellants.
Attorney-General Ashford for