Shelby v. City of Burlington
Supreme Court of Iowa
Appeal from • Des Moines District Court.— Hon. W. S. Withrow, Judge. Suit in equity to enjoin the defendants,- the city and its officers, from improving a street at the expense of the city, from paying for the sainé out of the general fund; from constructing the improvement, below the established -grade; from using any warrants for paying the expenses of the improvement, and for other equitable relief. The trial court denied the prayer of the petition, and plaintiff appeals.
1Opinion of the CourtDeemer, C. J.
In the year 1902 the city council of the defendant city by resolution decided to repair or improve what is known'as “ Columbia Street.” This resolution was to the effect.that the street commissioner repair the street from Fourth to Seventh streets, according to plans in the city engineer’s office, and according to his directions. These plans showed that the street was originally eighty feet -wide, fifty-six of which had been improved by being guttered and macadamized. Ilnder the city engineer’s plans the traveled part of the street was to be reduced to thirty and thirty-four feet, instead of…
2Cases cited7 opinions
- Chicago & Northern Pacific Railroad v. City of ChicagoIllinois Supreme Court · 1898
- Citizens' Gas & Mining Co. v. Town of ElwoodIndiana Supreme Court · 1888
- City of Alma v. Guaranty Sav. BankCourt of Appeals for the Eighth Circuit · 1894
- Preston v. City of Cedar RapidsSupreme Court of Iowa · 1895
- Reilly v. City of Fort DodgeSupreme Court of Iowa · 1902
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3Cited by5 opinions
- Clifton Land Co. v. City of Des MoinesSupreme Court of Iowa · 1909
- Keokuk Waterworks Co. v. KeokukSupreme Court of Iowa · 1938
- Martin v. City of OskaloosaSupreme Court of Iowa · 1905
- Fullerton v. City of Des MoinesSupreme Court of Iowa · 1910
- Waller v. PritchardSupreme Court of Iowa · 1925