Ellyson v. City of Des Moines
Supreme Court of Iowa
Appeal from Polk District Court. — Hubert Utterback, Judge. Action in equity, by which plaintiffs seek to enjoin the officers of defendant city from levying a paving assessment. Appellees are property owners along Grand Avenue in the city of Des Moines, owning property abutting on or lying within 300 feet of either side of Grand Avenue, between the west line of Nineteenth Street and the east line of Twenty-eighth Street.
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Appeal from Polk District Court. — Hubert Utterback, Judge. Action in equity, by which plaintiffs seek to enjoin the officers of defendant city from levying a paving assessment. Appellees are property owners along Grand Avenue in the city of Des Moines, owning property abutting on or lying within 300 feet of either side of Grand Avenue, between the west line of Nineteenth Street and the east line of Twenty-eighth Street. The defendants are officers of the city, and the contractor is also made a defendant. The petition was filed on September 2, 1915. The substance of the complaint by…
1Opinion of the CourtPreston, J.
Municipal corporations : public improvements : jurisdiction : ordering “repairs” and performing “reconstruction” : effect: Injunction. 1. The basis of the trial court’s finding was that it is not within the power of the city to levy, a special assessment for work that is not of the character denominated in the resolution of necessity; that this was a jurisdictional defect; and that, therefore, a court of equity has power to enjoin the levying of a tax to pay for such improvement. This is not a case where it is claimed that the contractor has failed to coinply substantially with his'contract…
2Cases cited14 opinions
- Ft. Dodge Electric Light & Power Co. v. City of Ft. DodgeSupreme Court of Iowa · 1902
- Clifton Land Co. v. City of Des MoinesSupreme Court of Iowa · 1909
- Beebe v. MagounSupreme Court of Iowa · 1904
- Brandirff v. Harrison CountySupreme Court of Iowa · 1878
- McCain v. City of Des MoinesSupreme Court of Iowa · 1905
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Johnson County Savings Bank v. City of CrestonSupreme Court of Iowa · 1930
- Tjaden v. Town of WellsburgSupreme Court of Iowa · 1924
- Manning v. City of AmesSupreme Court of Iowa · 1921
- Hume v. Independent School DistrictSupreme Court of Iowa · 1917
- Walker v. DwelleSupreme Court of Iowa · 1920
5 more not listed; retrieve them via the Exa API.