Horbach v. City of Omaha
Nebraska Supreme Court
Appeal from the district court of Douglas county. Heard below before Keysor, J. The opinion contains a statement of the case. Appellant contends that if the city filled or graded said lots, it must have done so by reason of their condition being a nuisance; that as a condition precedent to the city causing the lots to be filled it must have given him notice to fill or grade them; that it never gave him such notice, and therefore the alleged tax is void.
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Appeal from the district court of Douglas county. Heard below before Keysor, J. The opinion contains a statement of the case. Appellant contends that if the city filled or graded said lots, it must have done so by reason of their condition being a nuisance; that as a condition precedent to the city causing the lots to be filled it must have given him notice to fill or grade them; that it never gave him such notice, and therefore the alleged tax is void. (Compiled Statutes 1887, ch. 12a, sec. 29; Cooley, Taxation [2d ed.] 365, 609; First Presbyterian Church v. City of Fort Wayne, 36 Ind. 338;…
1Opinion of the CourtSullivan, J.
An ordinance of the city of Omaha, passed in 1887, declared certain lots owned by John A. Horbach to be a nuisance and directed the board of public works to take the necessary steps to abate such nuisance. This was *86done. The lots were filled with earth and a special assessment against them was afterwards made by the city authorities to defray the cost of the improvement. This assessment remaining unpaid, the property was sold and a tax certificate issued to the purchaser, who assigned the same to the German Savings Bank, of which MeCague is uoav receiver. This action was brought in the…
2Cases cited21 opinions
- Williams v. Mayor of DetroitMichigan Supreme Court · 1853
- Booth v. Town of WoodburySupreme Court of Connecticut · 1864
- Brown v. City of DenverSupreme Court of Colorado · 1884
- Donnelly v. DeckerWisconsin Supreme Court · 1883
- Bancroft v. City of CambridgeMassachusetts Supreme Judicial Court · 1879
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- Palmberg v. KinneyOregon Supreme Court · 1913
- Brown v. CampbellHawaii Supreme Court · 1912
- Shannon v. City of OmahaNebraska Supreme Court · 1904
- Upton v. FeltonDistrict Court, D. Nebraska · 1932
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