Geiwitz v. Landis
Missouri Court of Appeals
Error to Buchanan Circuit Court. — Son. Chesley A. Mosman, Judge. (1) The common council was powerless to pass an ordinance directing street improvement without previous recommendation by the board of public works. State ex rel. v. St. Louis, 161 Mo. 378; Cole v. Skrainka, 37 Mo. App. 327, 105 Mo. 303; Verdin v. St. Louis, 131 Mo. 26. (2) The validity of the board’s recommendation depended upon compliance with the provisions of section 8, quoted above.
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Error to Buchanan Circuit Court. — Son. Chesley A. Mosman, Judge. (1) The common council was powerless to pass an ordinance directing street improvement without previous recommendation by the board of public works. State ex rel. v. St. Louis, 161 Mo. 378; Cole v. Skrainka, 37 Mo. App. 327, 105 Mo. 303; Verdin v. St. Louis, 131 Mo. 26. (2) The validity of the board’s recommendation depended upon compliance with the provisions of section 8, quoted above. State ex rel. v. St. Louis, 161 Mo. 380. (3) The designating notice established the district the whole length of Tenth street from Powell to…
1Opinion of the CourtEllison, J.
This action was instituted to enjoin and restrain the issuing of certain taxbills for street paving in the city of St. Joseph. The finding and judgment were for the defendants in the trial court.
The case was determined on an agreed statement of facts. It appears that by the charter of the city of St. Joseph as amended by Acts of 1903, page 60, section 8, that the board of public works may be of its own motion (if acted upon unanimously) prepare an ordinance for the improvements of streets to be submitted to the common council along with plans and estimate of the cost thereof. But before…
2Cited by1 opinion
- State ex rel. Shipman v. AllenMissouri Court of Appeals · 1910