Municipal Securities Corp. v. Gates
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Son. James H. , 8lover, Judge. The ordinance is invalid and without authority of law in. delegating to the city engineer the power to determine which five feet (what part) of the thirteen-foot sidewalk space was to be paved; on which five feet was a sidewalk to be constructed. This ought to have been determined by the council, in their legislative capacity. They could not delegate this power to the city engineer.
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Appeal from Jackson Circuit Court. — Son. James H. , 8lover, Judge. The ordinance is invalid and without authority of law in. delegating to the city engineer the power to determine which five feet (what part) of the thirteen-foot sidewalk space was to be paved; on which five feet was a sidewalk to be constructed. This ought to have been determined by the council, in their legislative capacity. They could not delegate this power to the city engineer. I quote section 2, article 9, City Charter of Kansas City, page 187. Ramsey v. Field, 115 Mo. App. 625; Excelsior Springs v. Ettenson, 120 Mo.…
1Opinion of the CourtBroaddtjs, P. J.
This is a suit in four counts to enforce the lien of four special taxbills, issued by Kansas City to pay for constructing sidewalks in front of certain lots owned by defendant. These taxbills were issued August 24, 1899, and aggregate without interest the sum of $1,039.63. A jury was waived and the cause tried before the’ court upon an agreed statement of facts. The judgment was for the defendant from which plaintiff appealed.
The sidewalk space on each side of the street was thirteen feet. The ordinance provided for the construe*554tion of sidewalks five feet wide within this space, the distance…
2Cases cited6 opinions
- City of St. Joseph ex rel. Gibson v. OwenSupreme Court of Missouri · 1892
- Dickey v. PorterSupreme Court of Missouri · 1907
- City of Excelsior Springs v. EttensonMissouri Court of Appeals · 1906
- Sheehan v. GleesonSupreme Court of Missouri · 1870
- Haag v. WardSupreme Court of Missouri · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Snouffer & Ford v. City of TiptonSupreme Court of Iowa · 1911
- Gratz v. City of Kirk-WoodMissouri Court of Appeals · 1912