Freese v. City of Pierre
South Dakota Supreme Court
Appeal from Circuit Court, Hughes 'County. Hon. John F. Hughes, Judge. Action by John M. Freese against the city of Pierre, S. D., seeking, among- other relief, to have certain street grade special assessments adjudicated upon :as to their validity, for a reassessment, if invalid, and for alternative relief 'by way of judgment against the city for the unpaid cost of grading, if reassessment cannot be mlade. rrom a judgment for plaintiff providing for a reassessment, but…
Read the full summary
Appeal from Circuit Court, Hughes 'County. Hon. John F. Hughes, Judge. Action by John M. Freese against the city of Pierre, S. D., seeking, among- other relief, to have certain street grade special assessments adjudicated upon :as to their validity, for a reassessment, if invalid, and for alternative relief 'by way of judgment against the city for the unpaid cost of grading, if reassessment cannot be mlade. rrom a judgment for plaintiff providing for a reassessment, but containing no provisión for deficiency judgment in plaintiff’s favor, and from an order denying a new 'trial, plaintiff…
1Opinion of the CourtGates, J.
In June, 1907, 'the -city of Pierre adopted one resolution for the grading of 8 streets in what is called the “flat” district, which provided that the -cost should be borne by special-assessment on th-e- front-foot basis. One of these streets was 100 feet in width, the remaining 7 were 80 feet. Each of 'these streets required a “fill” in varying amounts. In April, 1908, said -city council adopted one further resolution for the grading of 10 streets in what is called the “hill” district, which likewise provided for an assessment on the front-foot basis. The streets were of varying widths — 40,…
2Cases cited8 opinions
- Barber Asphalt Paving Co. v. City of DenverCourt of Appeals for the Eighth Circuit · 1896
- Pine Tree Lumber Co. v. City of FargoNorth Dakota Supreme Court · 1903
- Gilcrest & Co. v. City of Des MoinesSupreme Court of Iowa · 1912
- Foster v. City of AltonIllinois Supreme Court · 1898
- District of Columbia v. LyonSupreme Court of the United States · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Gray v. City of Santa FeCourt of Appeals for the Tenth Circuit · 1937
- Coolsaet v. City of VeblenSouth Dakota Supreme Court · 1929
- Hughes v. FarnsworthSupreme Court of Minnesota · 1917
- City of McLaughlin v. TurgeonCourt of Appeals for the Eighth Circuit · 1935
- Henning v. City of CasperWyoming Supreme Court · 1936
1 more not listed; retrieve them via the Exa API.