Goodrich v. City of Omaha
Nebraska Supreme Court
Error to the district court for Douglas county. The action was brought there to set aside and perpetually enjoin the collection of a special tax levied upon real estate of plaintiffs, by the city council of the city of Omaha, to defray the expense of bringing a part of Earnham street to the established grade.
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Error to the district court for Douglas county. The action was brought there to set aside and perpetually enjoin the collection of a special tax levied upon real estate of plaintiffs, by the city council of the city of Omaha, to defray the expense of bringing a part of Earnham street to the established grade. The defendants demurred to the petition, and the court, by Savage, J., sustained the demurrer and rendered judgment for the defendants. cited: Hurford v.- City of Omaha, 4 Neb., 340. cited: Secs. 40, 41, 42, and 45, Gen. Stat., 123, 124. Seoville v. Cleveland, 1 Ohio State, 126. Butler…
1Opinion of the CourtLake, J.
The only question in this case is whether damages occasioned by a change of the established grade of a street, which have been ascertained and paid to property owners, as provided in Sec. 40 of the Act to Incorporate Cities of the First Class [Gen. Stat., 123], can be reimbursed to the city by means of a special assessment laid upon the lots abutting said street. The question itself seems to suggest a negative answer, for it would be highly absurd to denominate the mere formality of handing a sum of money to a lot owner as damages, and at once recovering it from him by means of a special…
2Cases cited1 opinion
- Hurford v. City of OmahaNebraska Supreme Court · 1876
3Cited by3 opinions
- Rogers v. City of OmahaNebraska Supreme Court · 1906
- City of Jefferson v. WellsSupreme Court of Missouri · 1914
- City of Huntsville v. GudenrathSupreme Court of Alabama · 1915