Heman v. Wolff
Missouri Court of Appeals
Appeal from the St. Louis dtp Circuit Court. — Hon. James A. Seddon, Judge. The city charter and the law permits the inclusion within a sewer district of only those lands which are benefited by the system of sewerage to be constructed in said district. The inclusion by ordinance of lands within a sewer district is not conclusive of the question whether such lands are benefited or equally benefited by the system of sewerage to be constructed in such district.
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Appeal from the St. Louis dtp Circuit Court. — Hon. James A. Seddon, Judge. The city charter and the law permits the inclusion within a sewer district of only those lands which are benefited by the system of sewerage to be constructed in said district. The inclusion by ordinance of lands within a sewer district is not conclusive of the question whether such lands are benefited or equally benefited by the system of sewerage to be constructed in such district. It is a principle recognized wherever special taxes or local assessments are upheld, that special benefits to the property assessed, by…
1Opinion of the CourtPeeks, J.
This suit was instituted upon eleven special tax-bills issued for the alleged proportionate cost of constructing sewers in Gingrass Creek Sewer District No. 2. The defenses interposed, are: (1) That the sewer improvements forming part of the aggregate work, as far as they drain or benefit the defendant’s property, consist of clay pipe sewers, which connect directly with a public sewer known as Prairie Avenue Sewer, and which is no part of the system of the drainage or sewerage of Gingrass Creek Sewer District No. 2; that the property charged has no benefit of the costly district sewer built…
2Cases cited4 opinions
- Allen v. KrenningMissouri Court of Appeals · 1886
- Zoeller v. KelloggMissouri Court of Appeals · 1877
- Seibert v. TiffanyMissouri Court of Appeals · 1879
- Heman v. PayneMissouri Court of Appeals · 1887
3Cited by2 opinions
- State v. BeachIndiana Supreme Court · 1897
- State v. BuckSupreme Court of Missouri · 1894