Edward C. Jones Co. v. Perry

*560Dissenting Opinion.

Wiley, J.

I am unable to concur in the conclusion reached by the majority of my associates in the prevailing opinion, and I am so firmly convinced that the reasoning which leads to the conclusion is fallacious and the conclusion itself is erroneous, that I can not forbear in expressing the views which I entertain, and which views, it seems to me, are in harmony with sound reason and in line with the weight of authorities upon the subject involved.

The right of a municipality to lay a burden upon private property for a public improvement is a recognized right, but that right,…