Starr v. City of Burlington
Supreme Court of Iowa
Appeal from Des Moines District Court. Action in chancery to restrain the city of Burlington from selling a lot owned by plaintiff, upon an assessment made thereon for macadamizing’ an adjacent street.
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Appeal from Des Moines District Court. Action in chancery to restrain the city of Burlington from selling a lot owned by plaintiff, upon an assessment made thereon for macadamizing’ an adjacent street. The defendant filed an answer and cross-bill alleging the street was improved under proper and lawful action of the city directing the work to be done and the cost thereof to be assessed upon the property, and praying that the value of the improvement may be charged against plaintiff, and a personal judgment rendered against him therefor. A decree was entered dismissing plaintiff’s petition,…
1Opinion of the CourtBeck, J.
Under an ordinance of the city of Burlington its council are authorized, upon a petition of the resident owners of property abutting upon a street, to order it to bo macadamized and otherwise improved, the cost thereof to be assessed upon the real property abutting upon the part of the street so improved. The third section of this ordinance provides that, “the manner of making such improvement, * *' * * and of assessing and collecting the expense' thereof, and all proceedings in relation to the same, shall be the same as now provided by ordinance No. 27,” etc. The ordinance 27 provides that,…
2Cases cited4 opinions
- State v. SquiresSupreme Court of Iowa · 1868
- Patterson v. BaumerSupreme Court of Iowa · 1876
- Bartruff v. RemeySupreme Court of Iowa · 1863
- City of Dubuque v. WootonSupreme Court of Iowa · 1870
3Cited by28 opinions
- Galusha v. WendtSupreme Court of Iowa · 1901
- Coggeshall v. City of Des MoinesSupreme Court of Iowa · 1889
- Newman v. City of EmporiaSupreme Court of Kansas · 1884
- Chicago, Rock Island & Pacific Railway Co. v. City of OttumwaSupreme Court of Iowa · 1900
- City of Galveston v. HeardTexas Supreme Court · 1881
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