Albers v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. (1) “A person injuriously affected by an ordinance may show that its passage was obtained by fraud or other unlawful means, or for an unlawful purpose; and the fraud which will invalidate an ordinance is shown by proof of fraud, defined to be the wilful doing of an unlawful act.”
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Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. (1) “A person injuriously affected by an ordinance may show that its passage was obtained by fraud or other unlawful means, or for an unlawful purpose; and the fraud which will invalidate an ordinance is shown by proof of fraud, defined to be the wilful doing of an unlawful act.” Kansas City v. Hyde, 196 Mo. 507, 7 L. R. A. (N. S.) 639; State ex rel. v.' Gates, 190 Mo. 555; Glasgow v. St. Louis, 107 Mo. 203; McQuillin on Mun. Corps., sec. 379, pp. 833, 835, sec., 2127, pp. 4526, 4527; 21 Am.’ & Eng. Encv. Law (2 Ed.), p.…
1Opinion of the Court
BROWN, C.
— This is a suit for the cancellation of certain special tax bills against the plaintiff’s land in the city of St. Louis, the apparent lien of which is alleged to be a cloud upon the title. The tax bills were issued .against seven parcels of land described in the petition, to the aggregate amount of $469.40, and are founded upon a special assessment of benefits to said land in a proceeding for the widening of Bircher Street from Euclid Avenue to Florissant Avenue in said city from 60 feet, its original width, to 200 feet, under ordinances which changed its name to King’s Etighway…
2Cases cited5 opinions
- City of St. Louis v. BrinckwirthSupreme Court of Missouri · 1907
- City of St. Louis v. Christian Bros. CollegeSupreme Court of Missouri · 1914
- City of St. Louis v. CalhounSupreme Court of Missouri · 1909
- City of St. Louis v. Bell Place Realty Co.Supreme Court of Missouri · 1914
- City of Jefferson v. WellsSupreme Court of Missouri · 1914
3Cited by7 opinions
- City of St. Louis v. Senter Commission Co.Supreme Court of Missouri · 1935
- Miller v. City of DetroitMichigan Supreme Court · 1928
- City of St. Louis v. PopeSupreme Court of Missouri · 1939
- Futscher v. City of RuloNebraska Supreme Court · 1922
- Theisen v. City of DetroitMichigan Supreme Court · 1931
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