Carbon Coal Co. v. City of Des Moines

— This appeal involves the validity of a paving assessment by the city of Des Moines. There is but one question *372to be determined: Was the resolution ordering the construction of the paving improvement in question legally adopted by the city council? The trial court answered in the negative.

Briefly stated, a resolution of necessity for the paving improvement was adopted, and thereafter the city council ordered the construction of the improvement. It affirmatively appears that the improvement was ordered “on motion of this council without petition of property owners, ” on a vote of three of the…