Allen v. Krenning
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Shepard Barclay, Judge. The cost of improvement can be assessed upon the property 'only to the extent that it is specially benefited. 2 Bill. Mun. ■Corp. [3 Ed.] 756, 759; Neenan v. Smith, 50 Mo. 525 ; Newby v. Platte Co., 25 Mo. 271 ; Garret v. St. Louis, ■25 Mo. 511; Zoeller v. Kellogg, 4 Mo. App. 153. The reconstruction of both Seventh street and Clark avenue is part of one general plan of street reconstruction.
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Appeal from the St. Louis Circuit Court, Shepard Barclay, Judge. The cost of improvement can be assessed upon the property 'only to the extent that it is specially benefited. 2 Bill. Mun. ■Corp. [3 Ed.] 756, 759; Neenan v. Smith, 50 Mo. 525 ; Newby v. Platte Co., 25 Mo. 271 ; Garret v. St. Louis, ■25 Mo. 511; Zoeller v. Kellogg, 4 Mo. App. 153. The reconstruction of both Seventh street and Clark avenue is part of one general plan of street reconstruction. The ordinances and the work were practically cotempora■neous. The aggregate cost of both improvements adjoining the appellant’s property…
1Opinion of the CourtRombauer, J.
This cause involves the construction of the limitation contained in section 18, article 6, of the charter of the city of St. Louis. The language of the section, so far as the same is involved in the present controversy, is us follows:
£ £ The cost of * * * improvements within the city shall be apportioned as follows: * * * The paving, curbing, guttering, sidewalks, and the materials for the roadways, the repairs of alleys and sidewalks shall be charged on the adjoining- property as a special tax, and collected and paid as herein provided. Whenever the estimated special taxes to be assessed…
2Cases cited6 opinions
- Farrar v. City of St. LouisSupreme Court of Missouri · 1883
- Neenan v. SmithSupreme Court of Missouri · 1872
- McCormack v. PatchinSupreme Court of Missouri · 1873
- Matter of WalterNew York Court of Appeals · 1878
- Zoeller v. KelloggMissouri Court of Appeals · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Moberly v. HoganSupreme Court of Missouri · 1895
- Miller v. City of SheldonSupreme Court of Iowa · 1924
- City of Williamsburg v. PerkinsCourt of Appeals of Kentucky (pre-1976) · 1931
- Town of Oneida v. PembertonTennessee Supreme Court · 1928
- Heman v. WolffMissouri Court of Appeals · 1888
1 more not listed; retrieve them via the Exa API.