Legal Opinion

Brewster v. City of Davenport

Supreme Court of Iowa

Decided June 13, 1879PublishedCited by 19 opinions

Appeal from, Scott District Cowrt. Plaintiff presented his petition to the judge of the District Court, praying for a temporary injunction to restrain the city of Davenport from selling certain lots or land situated in the city upon an assessment made thereon for the purpose of constructing a sidewalk upon the street adjacent thereto. The injunction was refused, and from this action of the judge plaintiff appeals.

1Opinion of the Court

Beck, Ch. J.

i. municipal power of*city: councii. — I. Plaintiff insists that, as shown by the petition, the city had no authority to order the construction of sidewalk for which the assessment sought to be enforced was made. The statute and ordinance of the city (Code, § 466; City Ordinance 51, § 2) provide that improvements of this kind, when not asked *428"by a majority of the resident owners ,of property abutting upon the street, “shall not be made until three-fourths of all the members of the city council shall, by vote, assent to the making of the same. ”

Plaintiff insists that the city…

2Cited by19 opinions

  1. Lacy v. City of OskaloosaSupreme Court of Iowa · 1909
  2. Dewey v. City of Des MoinesSupreme Court of Iowa · 1897
  3. Spitzer v. RunyanSupreme Court of Iowa · 1901
  4. Swan v. City of IndianolaSupreme Court of Iowa · 1909
  5. Golf View Realty Co. v. City of Sioux CitySupreme Court of Iowa · 1936

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