Legal Opinion

Kaynor v. District Court

Supreme Court of Iowa

Decided June 29, 1916Published

Appeal from Black Maivk District Court. — C. W. Mullan, Judge. Proceedings in contempt, in which the city council were called upon to show reason why they should not be punished for contempt as for a violation of an in junctional order entered against the'city, restraining the council from making an assessment against plaintiff’s lots. Opinion states the facts. Judgment for defendants in the court below, discharging defendants from the charge of contempt. Plaintiff appeals.

1Opinion of the CourtGIaynor, J.

Municipal corporations : sidewalks : fraudulently depriving owner of right to construct : effect on assessment. The plaintiff is the owner of Lot 4 in Block 14 of the original plat of the town of Cedar Falls, situated at the corner of Clay and Fifth Streets in said city. On the 11th day of May, 1909, the city council, by resolution, ordered a permanent sidewalk five feet wide to be made on said Fifth Street along in front of said Lot 4, the same to be constructed of cement. The resolution further ordered that, unless'built within 30 days by the owner of the lot, the city would cause the same…

2Cases cited4 opinions

  1. Gallaher v. City of JeffersonSupreme Court of Iowa · 1904
  2. Bowman v. City of WaverlySupreme Court of Iowa · 1910
  3. Kaynor v. City of Cedar FallsSupreme Court of Iowa · 1912
  4. Waterbury v. MorphewSupreme Court of Iowa · 1910

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