City of Ottumwa v. City Water Supply Co.
Court of Appeals for the Eighth Circuit
Appeals from the Circuit Court of the United States for the Southern District of Iowa. By Ordinance 566, passed by the city council of the city of Ottumwa August 21, 1899, it was provided and ordained that the city of Ottumwa accepts and elects to exercise the powers granted it by chapter 5 of the Code of Iowa of 1897, as amended, and to acquire by purchase or erection a system of waterworks for supplying the city and its inhabitants with water.
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Appeals from the Circuit Court of the United States for the Southern District of Iowa. By Ordinance 566, passed by the city council of the city of Ottumwa August 21, 1899, it was provided and ordained that the city of Ottumwa accepts and elects to exercise the powers granted it by chapter 5 of the Code of Iowa of 1897, as amended, and to acquire by purchase or erection a system of waterworks for supplying the city and its inhabitants with water. To-create a sinking fund for such purchase or erection, there was' levied by said ordinance for the year 1899, and every year thereafter until the…
1Opinion of the CourtEochren, District Judge
1. The amount in dispute in this suit, if only measured by the injury to the complainant from the increased taxation of its property in the city of Ottumwa necessary to provide for the payment of bonds proposed to be issued for the construction of the new waterworks, was more than sufficient to sustain the jurisdiction of the circuit court. Whether we consider the proportion of the $398,991— the cost of the proposed waterworks—which would rest on the complainant’s property as part of the taxable property of the city, or the two-mill tax thereon during the period of 50 years provided for, the…
2Cases cited32 opinions
- Market Co. v. HoffmanSupreme Court of the United States · 1879
- Scott v. DonaldSupreme Court of the United States · 1897
- Mississippi & Missouri Railroad v. WardSupreme Court of the United States · 1863
- Grant v. City of DavenportSupreme Court of Iowa · 1873
- Winston v. City of SpokaneWashington Supreme Court · 1895
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3Cited by38 opinions
- Lang v. City of CavalierNorth Dakota Supreme Court · 1930
- Feil v. City of Coeur D'AleneIdaho Supreme Court · 1912
- Hamilton's AppealSupreme Court of Pennsylvania · 1940
- Richards v. City of MuscatineSupreme Court of Iowa · 1975
- State Ex Rel. Public Institutional Building Authority v. GriffithOhio Supreme Court · 1939
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