Seventeenth Street v. Kansas City, Fort Scott & Memphis Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — 5cm. Edward-P. Gates, Judge. (1) All proceedings for opening Seventeenth street under ordinance 16129 were finally and conclusively ended by ordinance 17307, and everything done thereafter was without any- authority of law and hence invalid.
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Appeal from Jackson Circuit Court. — 5cm. Edward-P. Gates, Judge. (1) All proceedings for opening Seventeenth street under ordinance 16129 were finally and conclusively ended by ordinance 17307, and everything done thereafter was without any- authority of law and hence invalid. The second ordinance confirmed a verdict, which found that the damages to property to be taken under the first ordinance exceeded the benefits to be derived therefrom by the city at large and* the property within the benefit district. The second ordinance, therefore, -was a formal abandonment of all further proceedings…
1Opinion of the CourtFox, J.
This cause comes to this court by appeal from a judgment of the circuit court of Jackson county, Missouri, against the defendant.
These proceedings were begun by the passage of an ordinance of Kansas City, Missouri, No. 16129, which was in words and figures as follows:
“an ordinance.
“To open and establish Seventeenth street from the west line of Holly street to the westerly line of Franklin street.
*248“Be it Ordained by the Common Council of Kansas City:
“Section 1. That Seventeenth street be and the same is hereby opened and established from Holly street to the westerly line of Franklin street, the…
2Cases cited9 opinions
- City of St. Louis v. MeintzSupreme Court of Missouri · 1891
- North Missouri Railroad v. LacklandSupreme Court of Missouri · 1857
- City of St. Joseph v. HamiltonSupreme Court of Missouri · 1869
- State ex rel. People's Railway Co. v. TaltySupreme Court of Missouri · 1897
- State v. ThayerSupreme Court of Missouri · 1900
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3Cited by2 opinions
- Hull v. PhillipsMissouri Court of Appeals · 1908
- Hamilton v. Big Medicine Drainage District No. 1Missouri Court of Appeals · 1924