Legal Opinion

Granite Bituminous Paving Co. v. Fleming

Supreme Court of Missouri

Decided June 17, 1913PublishedCited by 5 opinions

Appeal from St. Louis City Circuit Court. — Hon. William M. Kinsey, Judge. (1) Section 14 of article 6 of the charter of St. Louis is invalid in that it deprives the appellant of his property without due process of law and denies him the equal protection of the law. 14th Amendment of U. S. Constitution; Norwood v. Baker, 172 U. S. 277; French v. Asphalt Co., 181 U. S. 345; Seattle v. Kelleher, 195 U. S. 358; Martin v. District of Columbia, 205 U. S. 139; Raymond v. Chicago…

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Appeal from St. Louis City Circuit Court. — Hon. William M. Kinsey, Judge. (1) Section 14 of article 6 of the charter of St. Louis is invalid in that it deprives the appellant of his property without due process of law and denies him the equal protection of the law. 14th Amendment of U. S. Constitution; Norwood v. Baker, 172 U. S. 277; French v. Asphalt Co., 181 U. S. 345; Seattle v. Kelleher, 195 U. S. 358; Martin v. District of Columbia, 205 U. S. 139; Raymond v. Chicago U. T. Co., 207 U. S. 20; Spencer v. Merchant, • 125 U. S. 345; Davidson v. New Orleans, 96 U. S. .97; Hager v.…

1Opinion of the CourtBrown, P. J.

Plaintiff sues to enforce a special tax bill in the sum of $243.41 against a strip of land 145 feet wide by 155 feet long owned by defendant in the city of St. Louis, Missouri.

Said tax hill was issued for part of the costs of paving and improving Delmar avenue, a public street running east and west through said city.

Under the charter of St. Louis the cost of improving its streets is taxed against the lots or lands on each side of the street improved. The lands thus classified for taxation are called “benefit districts,” because they are supposed to be benefiited on account of their proximity…

2Cases cited9 opinions

  1. Paddock v. SomesSupreme Court of Missouri · 1890
  2. Meier v. City of St. LouisSupreme Court of Missouri · 1904
  3. Donovan v. BoeckSupreme Court of Missouri · 1909
  4. Meek v. HurstSupreme Court of Missouri · 1909
  5. Collier Estate v. Western Paving & Supply Co.Supreme Court of Missouri · 1904

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

3Cited by5 opinions

  1. Reis v. MERTROPOLITAN ST. LOUIS SEWER DISTRICTSupreme Court of Missouri · 1963
  2. Citizens National Bank v. RombauerMissouri Court of Appeals · 1916
  3. Schneider Granite Co. v. Gast Realty & Investment Co.Supreme Court of Missouri · 1914
  4. Meyer v. BobbMissouri Court of Appeals · 1914
  5. St. Louis Malleable Casting Co. v. George C. Prendergast Construction Co.Supreme Court of Missouri · 1921

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