Legal Opinion

Huling v. Bandera Flag Stone Co.

Missouri Court of Appeals

Decided March 4, 1901PublishedCited by 5 opinions

Appeal from Jackson Circuit Court. — Hon. J. H. Blover, J udge. (1) ■ The ordinance under which the sidewalk in question was constructed is void for the reason that the common council delegated to the'city engineer the sole power to determine the width and location of the sidewalks.

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Appeal from Jackson Circuit Court. — Hon. J. H. Blover, J udge. (1) ■ The ordinance under which the sidewalk in question was constructed is void for the reason that the common council delegated to the'city engineer the sole power to determine the width and location of the sidewalks. Kansas City Charter (1898), sec. -2, p. 137; Ordinance of Kansas City, No. 9002; Buggies v. Collier, 43 Mo. 353, 395; Thomas v. Boonville, 61 Mo. 282; Matthews v. Alexandria, 68 Mo. 115; City of St. Joseph v. Wilshire, 47 Mo. App. 125, 131; Neil v. Gates, 152 Mo. 585; McQuiddy v. Brannock, 70 Mo. App. 535;…

1Opinion of the CourtSmith, P. J.

This is a suit in equity the object of which was to obtain a decree enjoining the defendant from prosecuting an action at law on certain tax bills; and to declare the same void and not to be a lien on certain real property of the defendant.

The petition alleged that in October, 1897, the common council of Kansas City passed an ordinance (number 9002) providing for the construction of natural stone sidewalks on both sides of Seventeenth street between Broadway and Pennsylvania avenue; that in said ordinance it was declared that the common council found and declared that the work therein…

2Cases cited4 opinions

  1. Whetstone v. ShawSupreme Court of Missouri · 1879
  2. Vieths v. Planet Property & Financial Co.Missouri Court of Appeals · 1895
  3. Hollmann v. LangeSupreme Court of Missouri · 1898
  4. City of Carthage ex rel. Carthage National Bank v. BadgleyMissouri Court of Appeals · 1898

3Cited by5 opinions

  1. Cushing v. PowellMissouri Court of Appeals · 1908
  2. Costello v. City of KansasMissouri Court of Appeals · 1921
  3. Maryland Casualty Co. v. DobbinMissouri Court of Appeals · 1937
  4. Pond v. HulingMissouri Court of Appeals · 1907
  5. Bridewell v. CockrellMissouri Court of Appeals · 1906

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