Legal Opinion

Gaastra v. City of Kenosha

Wisconsin Supreme Court

Decided April 5, 1911PublishedCited by 1 opinion

'Appeal from orders of the circuit court for Kenosha county:,E. B. Belden, Circuit Judge. This is an action to set aside certain special assessments, for street improvements and to restrain their enforcement and collection, and for the surrender and cancellation of the paving bonds issued pursuant to an assessment of benefits.

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'Appeal from orders of the circuit court for Kenosha county:,E. B. Belden, Circuit Judge. This is an action to set aside certain special assessments, for street improvements and to restrain their enforcement and collection, and for the surrender and cancellation of the paving bonds issued pursuant to an assessment of benefits. The curbing, paving, and improvement of Crate street in the city of Kenosha, was begun and completed in 19 07. The improvement was ordered by the common council upon the petition of the owners of more than one half of the frontage of the lots upon the„portion which it…

1Opinion of the CourtSiebeckee, J.

The allegations of the complaint do not set forth any grievance of the plaintiff pertaining to irregularities in the proceedings taken by the common council in *96the final determination of the benefits to be paid by the real estate on account of the improvement, and hence no question arises as to the council’s failure to comply with the calls of the statute respecting the proceedings authorizing the improvement and making the assessment of the benefits thereof to be paid by the real estate liable therefor. The allegations of the complaint aver that the city officers were in default through…

2Cases cited1 opinion

  1. Ruggles v. Fond du Lac CountyWisconsin Supreme Court · 1885

3Cited by1 opinion

  1. Plagmann v. City of DavenportSupreme Court of Iowa · 1917

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