Farraher v. City of Keokuk
Supreme Court of Iowa
Appeal from Keokuk Superior Court. — Hon. Rice H. Bell, Judge. Plaintiff, the owner of a certain lot in the defendant city, brings this action to enjoin the sale of said lot for .nonpayment of a special tax levied against it by the defendant, on the ground that said tax is illegal and void. Defendant .answered, in effect denying that the tax is illegal or void, and on hearing had a permanent injunction was granted as prayed. Defendant appeals.
1Opinion of the CourtGtvfn, J.
I. The city of Keokuk existed under special charter, but the sections of the Code to which we will refer are made applicable thereto by section 958. Section 779 confers “power to provide for the construction, reconstruction and repair of permanent' sidewalks and to assess the cost thereof on the lots or parcels of land in front of which the same shall be constructed.” It is further provided in said section: “But unless the owners of a majority of the linear feet of the property fronting on the improvements referred to in this section petition the council therefor, the same shall not be made…
2Cases cited2 opinions
- Tallman v. Treasurer of Butler CountySupreme Court of Iowa · 1861
- McManus v. HornadaySupreme Court of Iowa · 1896
3Cited by13 opinions
- Johnson County Savings Bank v. City of CrestonSupreme Court of Iowa · 1930
- Rector v. AlcornSupreme Court of Iowa · 1976
- Fuchs v. City of Cedar RapidsSupreme Court of Iowa · 1913
- Brown County v. Keya Paha CountyNebraska Supreme Court · 1910
- Ellyson v. City of Des MoinesSupreme Court of Iowa · 1917
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