Prior v. Buehler & Cooney Construction Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Row. P. Spencer, Judge. (I) The provisions of the amendment of the charter of the city of St. Louis and of the ordinance of that city, in so far as they authorize and direct the cost of the construction of this proposed sewer to be assessed against the lots in this joint sewer district, in the proportion that the area of each lot hears to the area of the whole district are in violation of the Constitution of this State and the…
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Appeal from St. Louis City Circuit Court. — Row. P. Spencer, Judge. (I) The provisions of the amendment of the charter of the city of St. Louis and of the ordinance of that city, in so far as they authorize and direct the cost of the construction of this proposed sewer to be assessed against the lots in this joint sewer district, in the proportion that the area of each lot hears to the area of the whole district are in violation of the Constitution of this State and the Constitution of the United States. Hernán v. Allen, 156 Mo. 534; Hernán v. Schulte, 166 Mo. 409; French v. Barber Asphalt…
1Opinion of the CourtMarsh Alu, J.
This is a bill in equity to restrain the construction of the Arsenal Street Joint District Sewer in the city of St. Louis, on the grounds, inter alia, that to tax the plaintiff’s property for the benefits received by it from the sewer, would violate article 1.4 of the Constitution of the United States, and sections 21 and 30 of article 2, and sections 3 and 4 of article 10, of the Constitution of Missouri. The circuit court entered judgment for the defendants, and the plaintiff appealed.
In condensed form the controversy is this: Formerly the charter of St. Louis provided for: (1) public…
2Cases cited11 opinions
- French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
- Barber Asphalt Paving Co. v. FrenchSupreme Court of Missouri · 1900
- Heman v. AllenSupreme Court of Missouri · 1900
- City of St. Joseph ex rel. Gibson v. OwenSupreme Court of Missouri · 1892
- Johnson v. DuerSupreme Court of Missouri · 1893
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3Cited by25 opinions
- Meier v. City of St. LouisSupreme Court of Missouri · 1904
- Houck v. Little River Drainage DistrictSupreme Court of Missouri · 1913
- Northern Pacific Railway Co. v. City of SeattleWashington Supreme Court · 1907
- Atlantic Coast Line Railroad v. City of GainesvilleSupreme Court of Florida · 1922
- Heman Construction Co. v. Wabash RailroadSupreme Court of Missouri · 1907
20 more not listed; retrieve them via the Exa API.