Gatch v. City of Des Moines
Supreme Court of Iowa
Appeal from JPolJc Circuit Court. This is an action in equity to enjoin the collection of a sewer assessment, certified by tbe city of Des Moines to the auditor of Polk county, and by him placed on the tax lists for collection by the county treasurer. There was a trial in the court below, and a decree was entered for the defendant. The plaintiff appeals.
1Opinion of the Court
Rothrock, Ch. J.
On the 16th day of December, 1878, the city of Des Moines adopted an ordinance making provision for a general system of sewerage. It was provided in said ordinance that the city council might by resolution order the construction of a sewer on any street, and that the cost of construction of any sewer, not exceeding three dollars per lineal foot, should be assessed upon the adjacent property, and that all property should be considered adjacent which lies within one hundred and fifty feet of “the street or portion of the street on which the sewer is built — provided that, in…
2Cases cited8 opinions
- Thomas v. GainMichigan Supreme Court · 1876
- Warren v. HenlySupreme Court of Iowa · 1870
- Paul v. City of DetroitMichigan Supreme Court · 1875
- People ex rel. Butler v. Board of SupervisorsMichigan Supreme Court · 1872
- Patten v. GreenCalifornia Supreme Court · 1859
3 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Paulsen v. PortlandSupreme Court of the United States · 1893
- Richman v. Supervisors Muscatine CountySupreme Court of Iowa · 1889
- Ferry v. CampbellSupreme Court of Iowa · 1900
- Speer v. Mayor of AthensSupreme Court of Georgia · 1890
- Garvin v. DaussmanIndiana Supreme Court · 1888
32 more not listed; retrieve them via the Exa API.