Legal Opinion · Dissent

McCaffrey v. City of Omaha

Nebraska Supreme Court

Decided April 8, 1912No. 16,567Published

Appeal from the district court for Douglas county: Alexander 0. Troup, Judge.

1DissentBarnes, J.

I cannot concur in the majority opinion for the follow*194ing reasons: Subdivision 2, sec. 107, ch. 12ft, Comp. St. 1907, which was in force and constituted a part of the Omaha charter when the improvement district in question was created, gave the mayor and council power to order a street improvement upon a petition signed by the record owners of a majority of the frontage of taxable property within the district, and contained no provision which required the signatures of the owners of nonabutting property which would utlimately be benefited thereby. It appears that the owners of the lots in…

2Cases cited6 opinions

  1. Spencer v. . MerchantNew York Court of Appeals · 1885
  2. In re Westlake AvenueWashington Supreme Court · 1905
  3. Dennison v. City of KansasSupreme Court of Missouri · 1888
  4. People Ex Rel. Lehigh Valley Railway Co. v. City of BuffaloNew York Court of Appeals · 1895
  5. Bigelow v. City of ChicagoIllinois Supreme Court · 1878

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