Kansas City v. Duncan
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Thomas R. Morrow, Esq., Special Judge. (1) Leaving it discretionary with the circuit judge to enforce or not, at his will, the giving of personal notice to property owners is a delegation of power not warranted by the constitution of Missouri.
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Appeal from Jackson Circuit Court. — Thomas R. Morrow, Esq., Special Judge. (1) Leaving it discretionary with the circuit judge to enforce or not, at his will, the giving of personal notice to property owners is a delegation of power not warranted by the constitution of Missouri. State v. Field, 17 Mo. 529. (2) This law, by giving the circuit court “an option” whether it (the court) will give personal notice or not, “substitutes for, or rather adds to, the legislative will, another will, which it makes necessary to the existence of the law. This is unconstitutional.” Remarks of Judge…
1Opinion of the CourtRobinson, J.
Proceedings were instituted under the amended charter of Kansas City to grade an alley from Tenth to Eleventh streets between Wyandotte and Central streets in that city. They were conducted regularly under the charter, and the verdict and report of the commissioners were duly filed and confirmed.
To pay the amount of damages allowed by reason of the proposed grading, the commissioners assessed against Kansas City the sum of $1 as the amount of the benefit the city at large would receive from the proposed grading, and the balance of the sum so awarded as dama*576ges and not assessed against Kansas…
2Cited by15 opinions
- State ex rel. Brown v. WilsonSupreme Court of Missouri · 1909
- Bishop v. MahikoHawaii Supreme Court · 1940
- Wyoming State Highway Department v. NapolitanoWyoming Supreme Court · 1978
- Sala v. City of PasadenaCalifornia Supreme Court · 1912
- Ball v. Ridge Copper Co.Michigan Supreme Court · 1898
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