Legal Opinion

City of Sioux City v. Independent School District

Supreme Court of Iowa

Decided December 11, 1880PublishedCited by 24 opinions

Appeal from Woodbury District Court. The. plaintiff is a corporation existing under the general incorporation law. The defendant is a school district, and the owner of certain real estate within the city limits which is used solely for school purposes. The city council determined that a certain sidewalk in front of said real estate should be repaired. The city furnished the material and caused the same to b'e done, and seeks in this action to recover therefor.

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Appeal from Woodbury District Court. The. plaintiff is a corporation existing under the general incorporation law. The defendant is a school district, and the owner of certain real estate within the city limits which is used solely for school purposes. The city council determined that a certain sidewalk in front of said real estate should be repaired. The city furnished the material and caused the same to b'e done, and seeks in this action to recover therefor. Trial to the court, and judgment for the plaintiff, but tile court re-fused to make an order for the sale of the real estate. The…

1Opinion of the CourtSeevers, J.

— The general incorporation statute provides:

i taxation • etfyf special tax. First. That cities have the power to construct and repair sidewalks, and levy a special tax on the lots and Parcels of land fronting on the streets thus improved to pay therefor.

Second. They may by ordinance determine tbe mode such charge shall be assessed.

Third. Such assessment is made a personal charge against the owner, and also a lien on the real estate, which may be *151collected and the lien enforced by a proceeding in law or equity.

Fourth. Cities may by ordinance, if they so elect, cause such special tax to be…

2Cases cited6 opinions

  1. Trustees of Griswold College v. StateSupreme Court of Iowa · 1877
  2. In re the Mayor of New-YorkNew York Supreme Court · 1814
  3. Buffalo City Cemetery v. . City of BuffaloNew York Court of Appeals · 1871
  4. City of Burlington v. QuickSupreme Court of Iowa · 1877
  5. Worcester Agricultural Society v. Mayor of WorcesterMassachusetts Supreme Judicial Court · 1874

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

3Cited by24 opinions

  1. Hale v. State Bd. of Assessment and ReviewSupreme Court of the United States · 1937
  2. City St. Improvement Co. v. Regents of Univ. of Cal.California Supreme Court · 1908
  3. Edwards & Walsh Construction Co. v. Jasper CountySupreme Court of Iowa · 1902
  4. Readlyn Hospital v. HothSupreme Court of Iowa · 1937
  5. Board of Improvement v. School DistrictSupreme Court of Arkansas · 1892

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

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