Embree v. Kansas City & Liberty Boulevard Road District
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF MISSOURI. The facts, which involve the constitutionality under the Fourteenth" Amendment of proceedings under the applicable statute of Missouri for issuing and selling road district bonds and levy of special taxes to pay them, are stated in the opinion.
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ERROR TO THE SUPREME COURT OF THE STATE OF MISSOURI. The facts, which involve the constitutionality under the Fourteenth" Amendment of proceedings under the applicable statute of Missouri for issuing and selling road district bonds and levy of special taxes to pay them, are stated in the opinion. Where the power to-determine .the boundaries of the benefit district, and_what property shall be assessed to pay for ¿n improvement, is delegated to a non-legislative body, due process of law demands notice and a hearing on whether the property so marked out for taxation is,'in fact, benefited.…
1Opinion of the CourtJustice Van Devanter
This is a suit to restrain the issue and sale of road district bonds and the levy and recordation of special taxés to pay them. A trial of the issues resulted in a .judgment for the defendants, which at first was reversed and on a rehearing was affirmed.. 257 Missouri, 593. The plaintiffs prosecute this writ of error.
When the suit , was begun the road district had been ■organized, a road had been selected for improvemént and preliminary steps had.been taken for issuing the bonds- and levying , the special taxes — all. conformably to the local, statute. Rev/ Stat. Mo., 1909, c. 102, art. 7;.…
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