Niehaus v. Mitchell
Missouri Court of Appeals
1Opinion of the Court
CLEMENS, Commissioner.
By these consolidated actions the plaintiff subdivision trustees seek judgments for the amounts of special improvements assessed against the defendants’ lots, plus interest and attorney fees. Judgment in the circuit court went for the defendant lot owners, and the plaintiff" trustees appeal.
The ultimate issue is the legality of the assessment. That hinges on the answer to this question: Where an assessment could be levied only upon a petition to the trustees signed by the owners of 51 per cent of the lots in the subdivision, should lots held by the entirety be counted…
Also in this document: Per curiam.
2Cases cited9 opinions
- Marks v. Bettendorf's, Inc.Missouri Court of Appeals · 1960
- A. P. Green Fire Brick Co. v. Missouri State Tax CommissionSupreme Court of Missouri · 1955
- Austin & Bass Builders, Inc. v. LewisSupreme Court of Missouri · 1962
- Thomas v. StateTennessee Supreme Court · 1960
- Magidson v. SternMissouri Court of Appeals · 1941
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re Franklin J. Garner, Jr., Debtor. Frank Garner, Margie Garner v. Bruce Strauss, TrusteeCourt of Appeals for the Eighth Circuit · 1991
- Kaufmann v. KrahlingMissouri Court of Appeals · 1975
- Prior v. HagerMissouri Court of Appeals · 1969
- Czarnecki v. Phillips Pipe Line CompanyMissouri Court of Appeals · 1975
- Empson v. Missouri Highway & Transportation CommissionMissouri Court of Appeals · 1983
3 more not listed; retrieve them via the Exa API.