Hardwick v. City of Independence
Supreme Court of Iowa
Appeal-from Buchanan District GouH.— IíoN. F. 0. Platt, Judge. ActioN iu equity to set aside a special assessment made to defray the expense of constructing a sanitary sewer in the defendant city, and for injunction. On trial plaintiff’s petition was dismissed with costs,' and she appeals.
1Opinion of the Court
Bishop, J.—
The defendant city is organized under the statute as a city of the second class. Plaintiff owns two lots in said city, and the same are occupied by her as a homestead. During the year 1904 there was constructed by the city a sanitary sewer in the streets thereof, and during the month of December of that year the city proceeded to levy an assessment upon the property abutting on and *483adjacent to such sewer, including, the property of plaintiif, to pay the cost thereof. It is to set aside this assessment that plaintiif sues. The proceedings had leading up to the assessment are not in…
2Cases cited2 opinions
- Heins v. LincolnSupreme Court of Iowa · 1897
- Martin v. City of OskaloosaSupreme Court of Iowa · 1905
3Cited by5 opinions
- Miller v. City of OelweinSupreme Court of Iowa · 1912
- Brush v. Incorporated Town of LiscombSupreme Court of Iowa · 1927
- Messer v. MarshSupreme Court of Iowa · 1921
- Swiger v. EdenSupreme Court of Iowa · 1946
- Carbon Coal Co. v. City of Des MoinesSupreme Court of Iowa · 1924