Leavitt v. Bell

Irvine, 0.,

dissenting.

I cannot concur in the opinion of the court in so far as it holds that a petition by the owners of abutting property is essential to confer power on the council to order the paving of an improvement district. The cases of Von Steen v. City of Beatrice, 36 Neb. 421, and State v. Birkhauser, 37 Neb. 521, are, it is true,, authority for that construction of the statute, but those eases were based entirely on an interpretation of the section of the charter involved as if it had beén drawn and enacted as an entirety and at a given moment. The history of the law’’ has been…