Legal Opinion

Saunders v. City of Iowa City

Supreme Court of Iowa

Decided April 11, 1907PublishedCited by 28 opinions

Appeal from Johnson District Court.— Hon. O. A. Byington, Judge. Suit in equity to enjoin defendants from making certain improvements by paving a street in defendant city, from letting a contract for said paving to defendant Horrabin, and from assessing the cost of said improvement to abutting property owners. The trial court dismissed the petition, and plaintiff appeals.—

1Opinion of the CourtDeemer, J.

The question of paving what is known as “ Iowa Avenue ” in the city of Iowa City became a matter of public concern, and the city council of that city undertook an investigation as to the best material to be used for that purpose. Pursuant thereto it instructed its engineer to make an investigation, and as a result thereof he recommended the use of what is known as “ Bitulithic pavement.” Brick was discarded for various reasons which need not be enumerated, and this left nothing but asphalt or bitulithic for use in improving the street. After the engineer had made his report a majority of the…

2Cases cited29 opinions

  1. Field v. Barber Asphalt Paving Co.Supreme Court of the United States · 1904
  2. Fones Hardware Co. v. ErbSupreme Court of Arkansas · 1891
  3. Mayor of Baltimore v. FlackCourt of Appeals of Maryland · 1906
  4. Diamond v. City of MankatoSupreme Court of Minnesota · 1903
  5. Matter of Petition of Anthony DugroNew York Court of Appeals · 1872

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3Cited by28 opinions

  1. Burns v. City of NashvilleTennessee Supreme Court · 1919
  2. Worthington v. McDonaldSupreme Court of Iowa · 1955
  3. Litchfield v. City of BridgeportSupreme Court of Connecticut · 1925
  4. Ford v. City of Great FallsMontana Supreme Court · 1912
  5. Sanborn v. City of BoulderSupreme Court of Colorado · 1923

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