McCormick v. City of Omaha
Nebraska Supreme Court
Appeal from the district court of Douglas county. Heard below before Doane, J. The facts are stated in the opinion. contending that appellant’s property, two miles from that portion of the street opened and extended and not abutting on the street improved, is not “adjacent” within the meaning of the statute authorizing the assessment, and that no valid assess-ment can be made on account of special benefits, cited: Rapalje & L. Law Die.; Anderson Law Die.; Bouvier Law Die.;…
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Appeal from the district court of Douglas county. Heard below before Doane, J. The facts are stated in the opinion. contending that appellant’s property, two miles from that portion of the street opened and extended and not abutting on the street improved, is not “adjacent” within the meaning of the statute authorizing the assessment, and that no valid assess-ment can be made on account of special benefits, cited: Rapalje & L. Law Die.; Anderson Law Die.; Bouvier Law Die.; People v. Schermerhorn, 19 Barb. [N. Y.], 556; Scovill v. City of Cleveland, 1 O. St., 130; Card v. Commonwealth, 14 B.…
1Opinion of the Court
Irvine, C.
This case involves the construction of certain portions of the act relating to metropolitan cities, fixing the authority of such cities to levy local assessments for the purpose of paying damages awarded to owners of property taken for the opening of streets.
The petition, after alleging the corporate capacity of *831Omaha as a metropolitan city and the official position of the defendant Rush, avers that the mayor and council, having declared the necessity of opening and extending Thirteenth street from Spring street to the south city limits, and having determined the damages therefor to…
2Cases cited1 opinion
- Municipality Number TwoSupreme Court of Louisiana · 1852
3Cited by2 opinions
- McGilvery v. City of LewistonIdaho Supreme Court · 1907
- Hart v. City of OmahaNebraska Supreme Court · 1905