Tallant v. City of Burlington
Supreme Court of Iowa
Appeal from Des Moines District Court. The plaintiff sues for the recovery of an assessment of $117.75, ordered by tbe City Council of the city of Burlington upon lot 911 owned by plaintiff, for macadamizing and curbing streets, which sum plaintiff paid under protest. Plaintiff also seeks to enjoin the collection of- an assessment of $206.08, made on said lot on the 23d day of June, 1873, for the same purpose.
Read the full summary
Appeal from Des Moines District Court. The plaintiff sues for the recovery of an assessment of $117.75, ordered by tbe City Council of the city of Burlington upon lot 911 owned by plaintiff, for macadamizing and curbing streets, which sum plaintiff paid under protest. Plaintiff also seeks to enjoin the collection of- an assessment of $206.08, made on said lot on the 23d day of June, 1873, for the same purpose. The court enjoined the collection of the last named tax, and rendered judgment in favor of plaintiff for the amount of the first and interest. .Defendant appeals. The facts are stated…
1Opinion of the CourtDay, J.
I. Chapter 65, Laws of the Thirteenth General Assembly, provides that the city council or trustees of any incorporated city or town are empowered to provide an ordinance for the grading, pavingor macadamizing of any street, avenne or alley, and for the construction and repair of gutters and sewers, and to provide by ordinance for the levy of a special tax upon the lots or parcels of ground fronting the improvement, to pay for the same.
Section 1, of Ordinance No. 27, is as follows: “ That whenever the city council shall be satisfied that it is necessary or expedient to improve, by excavating,…
2Cases cited1 opinion
- Lauman v. County of Des MoinesSupreme Court of Iowa · 1870
3Cited by8 opinions
- Clifton Land Co. v. City of Des MoinesSupreme Court of Iowa · 1909
- Zalesky v. City of Cedar RapidsSupreme Court of Iowa · 1902
- Harrison v. Board of Supervisors of Milwaukee CountyWisconsin Supreme Court · 1881
- Carter v. CemanskySupreme Court of Iowa · 1905
- Hawkeye Loan & Brokerage Co. v. City of MarionSupreme Court of Iowa · 1900
3 more not listed; retrieve them via the Exa API.