Legal Opinion

Royal v. City of Des Moines

Supreme Court of Iowa

Decided April 5, 1921PublishedCited by 6 opinions

Appeal from Polk District Court. — Hubert Utterback, Judge. This was an appeal to tbe district court from tbe action of tbe city council, levying an assessment for improvements on West Forty-seventh Street in defendant city. Plaintiff bad filed ber objections to tbe proposed assessment by tbe council, wbieb assessment was thereafter duly levied. Tbe property involved was Lots 32 to 36, inclusive, of Waveland Place. Tbe appeal to tbe district court was tried in equity.

Read the full summary

Appeal from Polk District Court. — Hubert Utterback, Judge. This was an appeal to tbe district court from tbe action of tbe city council, levying an assessment for improvements on West Forty-seventh Street in defendant city. Plaintiff bad filed ber objections to tbe proposed assessment by tbe council, wbieb assessment was thereafter duly levied. Tbe property involved was Lots 32 to 36, inclusive, of Waveland Place. Tbe appeal to tbe district court was tried in equity. After bearing, the trial court ordered that tbe assessment against Lots 33,' 34, and 36 should stand as originally made by the…

1Opinion of the CourtPreston, C. J.

Tbe property of plaintiff was unimproved *25acreage, and about 612 feet long and 278 feet wide. Forty-seventh Street, upon which plaintiff’s lots abut, is not paved. Forty-eighth Street is west of these lots. Lots 32, 33, and 34 run north and south, and Lots 35 and 36, east and west. A part of the east side of 32 and the east end of 35 and 36 were taken in opening Forty-seventh Street, which still leaves Lot 32 about 100 feet wide, and 370 feet long, north and south, and Lots 35 and 36 about 200 feet long, east and west. A part of the plat covering these properties is here set out.

*26Though these…

2Cases cited17 opinions

  1. Bennett v. City of EmmetsburgSupreme Court of Iowa · 1908
  2. Nixon v. City of BurlingtonSupreme Court of Iowa · 1908
  3. Owens v. City of MarionSupreme Court of Iowa · 1905
  4. Wolff Chemical Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1907
  5. Comstock v. City of Eagle GroveSupreme Court of Iowa · 1907

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

3Cited by6 opinions

  1. Gridley v. EngelhartSouth Dakota Supreme Court · 1982
  2. Busch v. Joint Drainage District No. 49-79Supreme Court of Iowa · 1924
  3. Bates v. City of Des MoinesSupreme Court of Iowa · 1926
  4. Market Maintenance Co., Inc. v. City of NewarkNew Jersey Superior Court Appellate Division · 1960
  5. Guenther v. City of Des MoinesSupreme Court of Iowa · 1924

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API