City of Dubuque v. Harrison
Supreme Court of Iowa
Appeal from Dubuque District Court. The plaintiff and appellant in bis petition avers that the city of Dubuque procured the grading, paving and macadamizing of a public street in said city, in pursuance of a contract made with one Byer, which was approved by the city, and assigned by Byer to Rebinan; that out-lot No. 692 of the city is owned by the defendants, and is abutting upon the street so improved; that the city council has levied a special tax or assessment on said…
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Appeal from Dubuque District Court. The plaintiff and appellant in bis petition avers that the city of Dubuque procured the grading, paving and macadamizing of a public street in said city, in pursuance of a contract made with one Byer, which was approved by the city, and assigned by Byer to Rebinan; that out-lot No. 692 of the city is owned by the defendants, and is abutting upon the street so improved; that the city council has levied a special tax or assessment on said lot as defendant’s share of the cost of said improvement, amounting to $923, which special tax list the city has assigned…
1Opinion of the CourtMiller, J.
I. The main question raised by the demurrer, and presented in argument is, whether, under the charter and ordinances of the city of Dubuque, and the general statutes of the State, an action in equity may be maintained against the defendant’s lot to subject it to the payment of a special assessment levied thereon to pay for the improvement of the street on which the lot abuts.
*165The 21st section of the revised charter of the city, approved January, 1857, provides that “ the city may levy a special tax on any lot or lots, or the owner thereof, for the purpose of grading, paving or macadamizing the…
2Cases cited2 opinions
- Ham v. MillerSupreme Court of Iowa · 1866
- Robertson v. YoungSupreme Court of Iowa · 1860
3Cited by3 opinions
- Lambe v. McCormickSupreme Court of Iowa · 1902
- State v. HigginsSupreme Court of Iowa · 1903
- Risdon v. ShankSupreme Court of Iowa · 1873