City of St. Louis ex rel. Creamer v. Clemens
Supreme Court of Missouri
I. The ordinance of the City of St. Louis, No. 6001, is invalid in that it did not give the position, extent or direction of the sewer intended to be established. ■ II. The ordinance is invalid because it did not prescribe the dimensions of the sewer intended to be constructed. (City of St. Louis, to the use of Murphy vs. Clemens, 43 Mo., 395.) III. The ordinance was invalid and the original assessment for the purpose of meeting the expenses thereby caused is invalid.
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I. The ordinance of the City of St. Louis, No. 6001, is invalid in that it did not give the position, extent or direction of the sewer intended to be established. ■ II. The ordinance is invalid because it did not prescribe the dimensions of the sewer intended to be constructed. (City of St. Louis, to the use of Murphy vs. Clemens, 43 Mo., 395.) III. The ordinance was invalid and the original assessment for the purpose of meeting the expenses thereby caused is invalid. And therefore the act of the General Assembly passed in 1870, is retrospective and void. This is no tax, but it is an…
1Opinion of the CourtYories, Judge
This action- was commenced in the St. Louis Circuit Court to enforce the collection of a special tax-bill assessed against the appellant’s property for the construction of a district sewer in the City of St. Louis.
On the 24th day of January, 1867, the city council of the City of St. Louis passed an ordinance by which it is provided that a sewer district denominated “ Green Street Sewer District ” shall be established, and that the city engineer shall cause sewers to be constructed within said district, said sewers to be constructed with such material, and of such dimensions as the city…
2Cases cited4 opinions
- Sheehan v. Good Samaritan HospitalSupreme Court of Missouri · 1872
- Fowler v. City of St. JosephSupreme Court of Missouri · 1866
- Sheehan v. GleesonSupreme Court of Missouri · 1870
- Hewes v. MusickSupreme Court of Missouri · 1850
3Cited by17 opinions
- State v. HoneycuttSupreme Court of Missouri · 2013
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
- Arkansas-Missouri Power Co. v. City of Kennett, Mo.Court of Appeals for the Eighth Circuit · 1935
- Matthews v. City of AlexandriaSupreme Court of Missouri · 1878
- Haag v. WardSupreme Court of Missouri · 1905
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