Dunker v. City of Des Moines
Supreme Court of Iowa
Appeal from Polk District Court, Hon. Hugh Brennan, Judge. Suit in equity by resident taxpayer against the city of Des Moines and a contracting construction company to enjoin them from constructing a sewer known in the record as the seventh ward sewer, and from assessing plaintiff’s property in payment therefor. There was a decree dismissing the petition, and the plaintiff appeals.
1Opinion of the CourtEvans, J.
The demand for injunction is based upon the alleged invalidity in the preliminary proceedings of the city council. The specific claim is that the resolution of necessity did not designate “what adjacent property was proposed to be assessed therefor, ’ ’ as required by section 810 of the Code. The case was before us upon a former appeal. Dunker v. City of Des Moines, 156 Iowa, 292. Eeference may be had to the opinion in such case for a more detailed statement. Section 810 of the Code provides that the preliminary resolution of necessity shall state what adjacent property is proposed to be…
2Cases cited2 opinions
- Dunker v. City of Des MoinesSupreme Court of Iowa · 1912
- Arnold v. City of Fort DodgeSupreme Court of Iowa · 1900
3Cited by1 opinion
- Spalti v. Town of OaklandSupreme Court of Iowa · 1917