Clyde v. City of Moscow
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District for Latah County. Hon. Edgar C. Steele, Judge. Action to enjoin the city of Moscow from proceeding with certain municipal improvements. Judgment for the defendant. Plaintiff appealed.
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APPEAL from the District Court of the Second Judicial District for Latah County. Hon. Edgar C. Steele, Judge. Action to enjoin the city of Moscow from proceeding with certain municipal improvements. Judgment for the defendant. Plaintiff appealed. The ordinance must specify the nature, character, locality and description of the improvement; and, unless this is done, the improvement cannot be paid for by special assessment. {Pells v. People, 159 111. 580, 42 N. E. 784.) The title to the ordinance is insufficient, because it says that it is “an ordinance providing for the paving and curbing ’ ’…
1Opinion of the CourtAilshie, C. J.
— This action was brought by a property owner and taxpayer within an improvement district.in the city of Moscow, for the purpose of procuring an injunction against the city authorities restraining them from proceeding with a pavement contract. The district court denied the relief sought, and this appeal has been prosecuted.
A great many errors have been assigned, going to the sufficiency and regularity of the ordinances passed by the city providing for the improvement involved in this case. It is contended that the first ordinance looking to this improvement, No. 361, was not a proper or…
2Cases cited9 opinions
- City of Stockton v. WhitmoreCalifornia Supreme Court · 1875
- Pells v. People ex rel. HolmgrainIllinois Supreme Court · 1896
- State v. CallowayIdaho Supreme Court · 1906
- City of Paxton v. BogardusIllinois Supreme Court · 1903
- City of Trenton ex rel. Gardner v. CollierMissouri Court of Appeals · 1897
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3Cited by2 opinions
- Caldwell v. Village of Mountain HomeIdaho Supreme Court · 1916
- Durand v. ClineIdaho Supreme Court · 1941