Legal Opinion

Benshoof v. City of Iowa Falls

Supreme Court of Iowa

Decided March 17, 1916PublishedCited by 8 opinions

Appeal from Hardin District Court. — R. M. Wright, Judge. In the district court, this was an appeal by the plaintiff from certain special assessments made against his property by the city council of Iowa Falls. The issué was made in the form of objections by plaintiff, filed with the city council, as provided by statute. These objections were overruled by the city council, and the proposed assessments were levied.

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Appeal from Hardin District Court. — R. M. Wright, Judge. In the district court, this was an appeal by the plaintiff from certain special assessments made against his property by the city council of Iowa Falls. The issué was made in the form of objections by plaintiff, filed with the city council, as provided by statute. These objections were overruled by the city council, and the proposed assessments were levied. On the trial of the appeal in the district court, the objections were sustained, and a decree was entered, setting aside the assessments and ordering a reassessment. From such…

1Opinion of the CourtDeemer, J.

1. MUNICIPAL corporations : public improvements "to law f" constitutional law‘ I. The primary question in this ease is whether the purposed special assessments involved herein should be made under the provisions of Chapter 76 of the Laws of the Thirty-fifth General Assembly, or whether the assessments should be made under the previous law, in force when the street improvement proceedings were begun. The city council made the assessments under the previous provisions of the law. The plaintiff contended for the application of the new statute. This view was adopted by thd district court. The new…

2Cases cited27 opinions

  1. Ross v. Board of SupervisorsSupreme Court of Iowa · 1905
  2. Merchants National Bank v. Escondido Irrigation DistrictCalifornia Supreme Court · 1904
  3. Taylor v. StrayerIndiana Supreme Court · 1906
  4. Bennett v. City of EmmetsburgSupreme Court of Iowa · 1908
  5. Starr v. City of BurlingtonSupreme Court of Iowa · 1876

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3Cited by8 opinions

  1. Beh v. City of West Des MoinesSupreme Court of Iowa · 1964
  2. State Ex Rel. City of South Euclid v. ZangerleOhio Supreme Court · 1945
  3. Wigodsky v. Town of HolsteinSupreme Court of Iowa · 1923
  4. Burroughs v. City of KeokukSupreme Court of Iowa · 1917
  5. Butters v. City of Des MoinesSupreme Court of Iowa · 1926

3 more not listed; retrieve them via the Exa API.

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