Bush v. City of Dubuque
Supreme Court of Iowa
Appeal from Dubuque Circuit Court. The plaintiffs are the owners of some ten or eleven lots fronting on Main street, in the city of Dubuque.
Read the full summary
Appeal from Dubuque Circuit Court. The plaintiffs are the owners of some ten or eleven lots fronting on Main street, in the city of Dubuque. The surface of these lots is much below the level of .Main street, and the city council, by a resolution, ordered that the lots be filled by plaintiffs to a level with Main street, and that,.on the failure of plaintiffs to fill the lots within a prescribed time, the work should be done by the city, and the expense thereof charged to the plaintiffs, and made a lien upon the lots. The plaintiffs did not comply with the resolution, whereupon the work was…
1Opinion of the CourtRotiirook, J.
i. CI5KTIOjunction1: tie-lay in issuing write^no plaintiffs. I. The city of Dubuque is acting under a special charter. By chapter 90 of the Acts of the Nineteentli General Assembly it was enacted (section 1) that all cities acting under a special charter .... , , shall, have power to cause any lot or piece oí land within their limits, on which water, at any time, becomes stagnant, to be filled up or drained in such a manner as may be directed by a resolution of the city council; and the owner, or his agent, of such lot or piece of land shall, after service of a copy of such resolution, or…
2Cases cited1 opinion
- Gatch v. City of Des MoinesSupreme Court of Iowa · 1884
3Cited by5 opinions
- Downey v. City of Sioux CitySupreme Court of Iowa · 1929
- Aldrich v. PaineSupreme Court of Iowa · 1898
- Benshoof v. City of Iowa FallsSupreme Court of Iowa · 1916
- Zelie v. City of Webster CitySupreme Court of Iowa · 1895
- Ries v. HemmerSupreme Court of Iowa · 1905