Giboney v. City of Cape Girardeau
Supreme Court of Missouri
Error to Cape Girardeau Circuit Court. I. The power of the legislature to extend the city limits of a city is not denied, and indeed the doctrine is well settled in this State. (See St. Louis vs. Bussell, 9 Mo., 507; St. Louis Vs. Allen, 13 Mo., 400.) But while this power of the legislature is conceded, the plaintiff in error denies that the legislature can require farm lands, not valuable for city property, to contribute to the municipal treasury.
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Error to Cape Girardeau Circuit Court. I. The power of the legislature to extend the city limits of a city is not denied, and indeed the doctrine is well settled in this State. (See St. Louis vs. Bussell, 9 Mo., 507; St. Louis Vs. Allen, 13 Mo., 400.) But while this power of the legislature is conceded, the plaintiff in error denies that the legislature can require farm lands, not valuable for city property, to contribute to the municipal treasury. In Kentucky the principle has been adopted, that the “ courts will, in such cases, control and limit the taxing power-to that point or line where…
1Opinion of the CourtNapton, Judge
This case involves substantially the same question decided by this court in Allen vs. City of St. Louis, (13 Mo., 400); Russell vs. City of St. Louis, (9 Mo., 507); Lee vs. Thomas, (49 Mo., 112); and Walden vs. Dudley, (49 Mo., 421); the two last cases having sanctioned the doctrine decided in the two first.
The complaint of Giboney is, that the legislature has legislated his farm into the city of Cape Girardeau, though it is actually a mile or more from the real town, and separated from it by the college tract, and he insists that as his farm cannot be divided into town lots and has received…
2Cases cited5 opinions
- Fulton v. City of DavenportSupreme Court of Iowa · 1864
- City of St. Louis v. RussellSupreme Court of Missouri · 1845
- City of St. Louis v. AllenSupreme Court of Missouri · 1850
- Walden v. DudleySupreme Court of Missouri · 1872
- Lee v. ThomasSupreme Court of Missouri · 1871
3Cited by13 opinions
- Vestal v. Little RockSupreme Court of Arkansas · 1891
- Kimball v. Grantsville CityUtah Supreme Court · 1899
- Copeland v. City of St. JosephSupreme Court of Missouri · 1895
- State ex rel. Patterson v. McReynoldsSupreme Court of Missouri · 1875
- McDonnell Aircraft Corporation v. City of BerkeleySupreme Court of Missouri · 1963
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