Independent School District v. City of Burlington
Supreme Court of Iowa
Appeal from Des Moines Circuit Court. This contest involves the power and authority of the defendant to order the cost of a sewer on Valley Street in said city, and along and in front of real estate owned by the plaintiff, to be paid by the owners of adjacent property. The question involved is whether the adjacent property owners shall be liable for the construction of the sewer, or whether it shall be paid by the levy and collection of a general tax for that purpose.
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Appeal from Des Moines Circuit Court. This contest involves the power and authority of the defendant to order the cost of a sewer on Valley Street in said city, and along and in front of real estate owned by the plaintiff, to be paid by the owners of adjacent property. The question involved is whether the adjacent property owners shall be liable for the construction of the sewer, or whether it shall be paid by the levy and collection of a general tax for that purpose. The plaintiff commenced the action by a petition for an injunction to restrain the city from collecting, or attempting to…
1Opinion of the CourtBothrock, J.
i. cities of oíass’fsewerconstrued*6 I. The material facts in the case, as they appear in the agreed statement, are as follows: “In the years 1876-7-8-9 and 1880, the counsel of defendant, by proper ordinance, levied and collected a two mill tax on all the property in said city as a sewerage fund, with which it constructed what is known as the first Valley Street sewer, which was paid for out of the tax levied and collected as aforesaid. Said sewer is about one thousand feet in length, twelve feet in width, and seven feet in height, and empties into the Mississippi Biver, at a point where…
2Cited by10 opinions
- Cedar Rapids Water Co. v. City of Cedar RapidsSupreme Court of Iowa · 1902
- Strosser v. City of Fort WayneIndiana Supreme Court · 1885
- Flynn v. Little Falls Electric & Water Co.Supreme Court of Minnesota · 1898
- Cook v. HannahSupreme Court of Iowa · 1941
- State Ex Rel. Welsh v. DarlingSupreme Court of Iowa · 1933
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