McGhee v. Walsh
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Eon. Joseph A. Guthrie, Judge. (1) The theory upon which local assessments for improvements are made in this State is that a special and peculiar benefit is conferred upon the property assessed different from that conferred upon the general public. It follows as a necessary corollary of that proposition that the assessment cannot exceed the special benefit.
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Appeal from Jackson Circuit Court. — Eon. Joseph A. Guthrie, Judge. (1) The theory upon which local assessments for improvements are made in this State is that a special and peculiar benefit is conferred upon the property assessed different from that conferred upon the general public. It follows as a necessary corollary of that proposition that the assessment cannot exceed the special benefit. The burdens of the whole community cannot be shifted to the shoulders of one man, who has only an interest in common with all the rest. t The whole theory of local taxation or assessments is, that the…
1Opinion of the CourtFabis, J.
Suit in equity, brought in the circuit court of Kansas City, by James W. McGhee and eighty-two others, similarly situated and affected, as plaintiffs, against Michael Walsh and the Commerce *273Trust Company, as holders of certain tax bills which were issued against plaintiffs and made liens on their property, for the construction of sewers in Sewer District No. 305 of said city, to enjoin the sale and transfer and to cancel said tax bills.
Plaintiffs are the owners of certain parcels and lots of real estate, situate in said Kansas City in Oliver Park Addition, Niagara Place and Warder’s Addition…
2Cases cited20 opinions
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- Norwood v. BakerSupreme Court of the United States · 1898
- French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
- Spencer v. MerchantSupreme Court of the United States · 1888
- Webster v. FargoSupreme Court of the United States · 1901
15 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Kansas City v. J. I. Case Threshing MacHine Co.Supreme Court of Missouri · 1935
- State Ex Rel. Sturdivant Bank v. Little River Drainage DistrictSupreme Court of Missouri · 1934
- State v. RainesSupreme Court of Missouri · 1933
- State Ex Rel. Becker v. Wellston Sewer DistrictSupreme Court of Missouri · 1933
- McMurry v. Kansas CitySupreme Court of Missouri · 1920
23 more not listed; retrieve them via the Exa API.