City of Kansas v. Huling
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. F. M, . Black, Judge. ! ' The provisions of the city- charter and ordinances are unconstitutional and invalid, in that they permit an assessment against, property without notice to the owner.
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Appeal from Jackson Circuit Court. — Hon. F. M, . Black, Judge. ! ' The provisions of the city- charter and ordinances are unconstitutional and invalid, in that they permit an assessment against, property without notice to the owner. Jordan v. Hyatt, 3 Barb. 275, 282, 283 ; Darling v. , Cunn, 50 111. 424, 428; Empire City Bank, In Re, 18 N. Y., 199, 215; George v. Midough, 62 Mo. 549,’ 551 ; Philadelphia v. Miller, 49 Pa. 440, 448, 449; Ford, In Re, 6 Bans. 92 ; Hew Jersey Turnpike Co. v. Hall, 2 Harrison, 337, 339 ; State v. Hewark, 1 Dutch, 399, '411; Overing v. Foote, 65 N. Y. 263, 269 ;…
1Opinion of the Court
Henry, 0. J.
This case was submitted to the circuit court of Jackson county upon an agreed statement of facts, substantially as follows : Defendants owned a lot in the City of Kansas, and repairs were made upon the sidewalk in front of said lot by the city authorities, and this suit is to recover the amount of a special tax bill for the cost of said repairs.
The charter authorized the city to require the property holder to make such repairs, or to do it at his expense. Art. 8, sec. 6, Charter. By its ordinance, the city made it the duty of the city engineer to keep all paving, sidewalks, etc.,…
2Cases cited5 opinions
- People Ex Rel. Witherbee v. Board of SupervisorsNew York Court of Appeals · 1877
- Lowry v. RainwaterSupreme Court of Missouri · 1879
- Dickey v. TennisonSupreme Court of Missouri · 1858
- City of Boonville v. Ormrod's AdministratorSupreme Court of Missouri · 1858
- City of St. Louis v. RichesonSupreme Court of Missouri · 1882
3Cited by4 opinions
- Embree v. Kansas City & Liberty Boulevard Road DistrictSupreme Court of Missouri · 1914
- Roumillot v. GardnerSupreme Court of Georgia · 1901
- Mudd v. WehmeyerSupreme Court of Missouri · 1929
- Saxton National Bank v. CarswellSupreme Court of Missouri · 1895