Buddecke v. Ziegenhein
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) This case falls within the decision in Michael v. St. Louis 112 Mo. 612. (2) Notice by publication, was sufficient. St. Louis v. Rankin, 96 Mo. 497. (3) The evidence is insufficient to support the judgment. (1) At the date of the ordinance and condemnation proceedings Utah street was a public street, and not the subject of the exercise of the right of eminent domain.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) This case falls within the decision in Michael v. St. Louis 112 Mo. 612. (2) Notice by publication, was sufficient. St. Louis v. Rankin, 96 Mo. 497. (3) The evidence is insufficient to support the judgment. (1) At the date of the ordinance and condemnation proceedings Utah street was a public street, and not the subject of the exercise of the right of eminent domain. Balcer v. Vandenburg, 99 Mo. 378; Campbell v. Kansas City, 102 Mo. 326; Heits v. St. Louis,, 110 Mo. 618. (2) Injunction is the proper remedy. 2 R. S.…
1Opinion of the CourtBurgess, J.
This is an action to enjoin the collection of certain special tax bills issued upon several different assessments for benefits to the property of plaintiffs, growing out of the opening of Utah street in the city of St. Louis.
The petition states that plaintiffs' are the owners of property on South Ninth street, Utah street, Thirteenth street, Second Carondelet avenue and Lemp avenue; that on the twenty-eighth day of March, 1890, the city began proceedings against W. W. Withnell and Peter R. Kendrick, for the purpose of establishing and opening Utah street from Ninth street to Thirteenth street…
2Cases cited2 opinions
- City of St. Louis v. RankenSupreme Court of Missouri · 1888
- Reilly v. HudsonSupreme Court of Missouri · 1876
3Cited by7 opinions
- Verdin v. City of St. LouisSupreme Court of Missouri · 1895
- Kansas City v. WardSupreme Court of Missouri · 1896
- Vrana v. City of St. LouisSupreme Court of Missouri · 1901
- Eyssell v. City of St. LouisSupreme Court of Missouri · 1902
- City of St. Louis v. Annex Realty Co.Supreme Court of Missouri · 1903
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