Legal Opinion

Kansas City v. Hyde

Supreme Court of Missouri

Decided May 30, 1906No. 1PublishedCited by 47 opinions

Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judge. (1) The ordinance is unreasonable and operates to deprive the appellant of his property without just compensation. McQuillin, Municipal Ordinances, sec. 550; Corrigan v. Gage, 68 Mo. 541; Halpin v. Campbell, 71 Mo. 493; Morse v. Westport, 136 Mo. 276; Armstrong v. St. Louis, 3 Mo. App. 151; Hernán v. Handlan, 59 Mo. App. 490; Skinker v. Hernán, 64 Mo.

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Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judge. (1) The ordinance is unreasonable and operates to deprive the appellant of his property without just compensation. McQuillin, Municipal Ordinances, sec. 550; Corrigan v. Gage, 68 Mo. 541; Halpin v. Campbell, 71 Mo. 493; Morse v. Westport, 136 Mo. 276; Armstrong v. St. Louis, 3 Mo. App. 151; Hernán v. Handlan, 59 Mo. App. 490; Skinker v. Hernán, 64 Mo. App. 441; Field v. Baker, etc., Co., 117 Fed. 925; Hawes v. Chicago, 158 111. 653, 42 N. E. 373 ; Allen v. Drew, 44 Vt. 174; Wistar v. Philadelphia, 80 Pa. 505; Wistar v.…

1Opinion of the CourtValliant, J.

In re Twenty-first street. This is a proceeding under an ordinance of the city to extend Twenty-first street into certain property of the defendant Hyde, and for that purpose to assess his damages for the property to be taken or damaged, and to assess the benefits over a district prescribed by the ordinance in which district is included remaining property of defendant. The jury assessed the defendant’s damages at $5,000 and his benefits at $2,577.10, and from the judgment of condemnation that followed on those assessments the defendant has appealed.

Defendant Hyde owns a tract of land nearly…

2Cases cited5 opinions

  1. Ligare v. City of ChicagoIllinois Supreme Court · 1891
  2. Lockwood v. Wabash RailroadSupreme Court of Missouri · 1894
  3. Knapp, Stout & Co. v. St. LouisSupreme Court of Missouri · 1900
  4. State ex rel. Abel v. GatesSupreme Court of Missouri · 1905
  5. Albright v. FisherSupreme Court of Missouri · 1901

3Cited by47 opinions

  1. In Re Armory Site in Kansas CitySupreme Court of Missouri · 1955
  2. Bowman v. City of Kansas CitySupreme Court of Missouri · 1950
  3. Brazos River Conservation & Reclamation Dist. v. HarmonCourt of Appeals of Texas · 1944
  4. Bradford v. MoseleyTexas Commission of Appeals · 1920
  5. Riggs v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909

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