City of Burlington v. Gilbert
Supreme Court of Iowa
Appeal from Des Momes District Cowrt. The plaintiff brought this suit in equity to recover of defendant a special tax levied upon his lots in “ Peasley’s Addition to the city of Burlington,” to pay for macadamizing the street in front of said lots, and to make the tax levied a lien upon the lots. The appellant defended the-action on several grounds, and also claimed damages by way of counterclaim for injuries to his property by reason of the grading of the street.
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Appeal from Des Momes District Cowrt. The plaintiff brought this suit in equity to recover of defendant a special tax levied upon his lots in “ Peasley’s Addition to the city of Burlington,” to pay for macadamizing the street in front of said lots, and to make the tax levied a lien upon the lots. The appellant defended the-action on several grounds, and also claimed damages by way of counterclaim for injuries to his property by reason of the grading of the street. The cause was tried by the court according to the second method, who made the following findings: . “ The defendant, W. D.…
1Opinion of the Court
Miller, J,
1. MtnsioiPAXj corporation: improvement of streets * estoppel. ‘ — I. It is insisted by the appellants that the city had no power to improve the streets at the expense of the defendants unless two-thirds of the property » 1 _ n .. , _ , ? , owners ox each block to be improved petitioned i. x therefor; that less than that number of the property owners on the block or square'on which appellants’ property is situated signed the petition asking for the improvement of the street.-
*365The clause of the city charter cited in support of this position is as follows: “ The city council shall have…
2Cases cited4 opinions
- Cotes v. City of DavenportSupreme Court of Iowa · 1859
- Penny v. MartinNew York Court of Chancery · 1820
- Taylor v. FleetNew York Supreme Court · 1848
- Butcher v. BuchananSupreme Court of Iowa · 1864
3Cited by35 opinions
- Daniels v. TearneySupreme Court of the United States · 1880
- City of Pontiac v. CarterMichigan Supreme Court · 1875
- Erickson v. Cass CountyNorth Dakota Supreme Court · 1903
- Galbreath v. NewtonMissouri Court of Appeals · 1887
- Thurston, County Treasurer v. CaldwellSupreme Court of Oklahoma · 1913
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