Iowa Pipe & Tile Co. v. Callanan
Supreme Court of Iowa
Appeal from Polk District Court.— Hon. C. Pi Holmes, Judge. Suit in equity to foreclose three assessment certificates issued by the city of Des Moines for the construction of a sewer on Tenth street, and asking a personal judgment against the appellant Oallanan' and a judgment against the city of Des Moines.
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Appeal from Polk District Court.— Hon. C. Pi Holmes, Judge. Suit in equity to foreclose three assessment certificates issued by the city of Des Moines for the construction of a sewer on Tenth street, and asking a personal judgment against the appellant Oallanan' and a judgment against the city of Des Moines. The undisputed facts in the case are substantially as follows: The appellant Callanan was the owner of lot nine in blocks one, two and three in an addition to the city of Des Moines. The lots were originally each thirty-three feet wide and one hundred feet long. After his purchase…
1Opinion of the CourtSherwin, J.
*3601. Special assessments benefits *359The assessment in this case is so manifestly unequal and unjust, and is so clearly governed by the rule announced by the Supreme Court of the United States in Norwood v. Baker, 172 U. S. Rep. 269 (19 Sup. Ct. 187, 43 L. Ed. 443), that we are constrained to hold it invalid. *360This court has uniformly upheld the frontage rule of assess-ment, regardless of the special benefit to the IN property, the latest pronouncement on the subject being in Hackworth v. City of Ottumwa, 114 Iowa, 467, and, were it not for the controlling force of the Norwood-Baker Case, we should…
2Cases cited9 opinions
- Norwood v. BakerSupreme Court of the United States · 1898
- French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
- People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
- Warren v. HenlySupreme Court of Iowa · 1870
- Ft. Dodge Electric Light & Power Co. v. City of Ft. DodgeSupreme Court of Iowa · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Municipal Securities Corp. v. Kansas CitySupreme Court of Missouri · 1915
- Hedge v. City of Des MoinesSupreme Court of Iowa · 1909
- Hauge v. City of Des MoinesSupreme Court of Iowa · 1927
- Edwards v. City of OcalaSupreme Court of Florida · 1909
- Rogers v. City of OmahaNebraska Supreme Court · 1908
8 more not listed; retrieve them via the Exa API.