Altman v. City of Dubuque
Supreme Court of Iowa
Appeal from Dubuque District Oourt. — Hon. J. L. IIusted, Judge. Franc W. Altman and twenty others, owners in severalty, of lots and parts of lots abutting on Grandview avenue in said city, bring this action in equity to cancel and discharge as against them and their respective lots a certain special tax levied to pay for paving said avenue, and to purpetually enjoin the collection of said tax.
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Appeal from Dubuque District Oourt. — Hon. J. L. IIusted, Judge. Franc W. Altman and twenty others, owners in severalty, of lots and parts of lots abutting on Grandview avenue in said city, bring this action in equity to cancel and discharge as against them and their respective lots a certain special tax levied to pay for paving said avenue, and to purpetually enjoin the collection of said tax. As grounds for said relief they allege a want of authority in the city to m¡ake said improvement, and a disregard of the law in many particulars, only some of which are now urged, and which alone…
1Opinion of the CourtGiven, J.
*1071 2 *106The city of Dubuque exists under a special charter, which gives it control over its streets. Chapter 31 *107of its Revised. Ordinances, in force since 1888, provided for improving tho streets, etc., specifying in detail the manner in which the city should proceed. On March 2, 1891, the city council, acting under authority of this ordinance, adopted a resolution as follows: “Resolved by the city council of the city of Dubuque: That Grand-view avenue, between Delhi and South Dodge streets, be graded and macadamized in center 40 feet as per plan recommended by the street committee, in conformity…
2Cases cited2 opinions
- Heins v. LincolnSupreme Court of Iowa · 1897
- Stutsman v. McVicarSupreme Court of Iowa · 1900
3Cited by7 opinions
- Moore v. City Council of PerrySupreme Court of Iowa · 1903
- State Ex Rel. Osborn v. City of McAllenTexas Supreme Court · 1936
- Rafferty v. Town CouncilSupreme Court of Iowa · 1917
- Galligan v. LeonardMassachusetts Supreme Judicial Court · 1910
- State of North Dakota v. DuisNorth Dakota Supreme Court · 1908
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