Legal Opinion

City of Beatrice v. Brethren Church

Nebraska Supreme Court

Decided June 26, 1894No. 6896PublishedCited by 9 opinions

Error from the district court of Gage county. Tried below before Hastings, J. The facts are stated by the commissioner. Church property which is used exclusively for religious purposes is not exempt under section 2, article 9, of the constitution, supplemented by section 2, article 1, chapter 77, Compiled Statutes, from special assessments for local improvements in cities of the second class having more than five thousand and less than twenty-five thousand population.

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Error from the district court of Gage county. Tried below before Hastings, J. The facts are stated by the commissioner. Church property which is used exclusively for religious purposes is not exempt under section 2, article 9, of the constitution, supplemented by section 2, article 1, chapter 77, Compiled Statutes, from special assessments for local improvements in cities of the second class having more than five thousand and less than twenty-five thousand population. (City of Big Rapids v. Board of Supervisors of Mecosta County, 58 N. W. Rep. [Mich.], 358; Dillon, Municipal Corporations,…

1Opinion of the Court

Ryan, C.

This proceeding was brought in this court to review the ruling of the district court of Gage county upon a general demurrer to the petition of the defendant in error. In this petition it was alleged that the plaintiff therein named was a corporation existing and owning property on which was its house of worship in the city of Beatrice; that the-city of Beatrice, the defendant named in the petition, was-a public corporation duly organized and existing under and by virtue of the laws of the state of Nebraska providing for the incorporation of cities of the first-class, having less-than…

2Cases cited4 opinions

  1. Hanscom v. City of OmahaNebraska Supreme Court · 1881
  2. State ex rel. Abbott v. Board of County CommissionersNebraska Supreme Court · 1879
  3. Von Steen v. City of BeatriceNebraska Supreme Court · 1893
  4. State ex rel. City of Omaha v. BirkhauserNebraska Supreme Court · 1893

3Cited by9 opinions

  1. Londoner v. City & County of DenverSupreme Court of Colorado · 1911
  2. Drainage District No. 1 v. Richardson CountyNebraska Supreme Court · 1910
  3. Farnham v. City of LincolnNebraska Supreme Court · 1906
  4. Newsom v. LangfordCourt of Appeals of Texas · 1915
  5. Drainage District No. 1 v. Village of HersheyNebraska Supreme Court · 1944

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