Van DeVere v. Kansas City
Supreme Court of Missouri
Appeal from Jackson Circuit Court— Hon. J. H. Slover, Judge. (1) The constitutional protection against damaging private property for public use does not embrace every loss or depreciation to property, which is due directly to public improvements. Unless the owner is disturbed in the enjoyment of some right which he is entitled to make use of in connection with his property, he cannot recover.
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Appeal from Jackson Circuit Court— Hon. J. H. Slover, Judge. (1) The constitutional protection against damaging private property for public use does not embrace every loss or depreciation to property, which is due directly to public improvements. Unless the owner is disturbed in the enjoyment of some right which he is entitled to make use of in connection with his property, he cannot recover. If the loss or depreciation arises from the mere proximity of the work or improvements,' as from its unsightly nature or its incongruity with the uses to which the neighboring property is put, there can…
1Opinion of the CourtBlack, J.
Plaintiff is the owner of two lots on Brooklyn avenue in Kansas City, and the defendant city is the owner in fee of a lot adjoining the plaintiff’s lots. After the city had let a contract and commenced the construction of a fire-engine house upon the lot owned by it, the plaintiff commenced this suit, praying for an injunction. The circuit court found that the plaintiff would be greatly damaged by the use of the building for a fire-engine house, and-enjoined the city and the contractors from proceeding with the work until compensation should be made to the plaintiff for such damage. From that…
2Cases cited10 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Rude v. City of St. LouisSupreme Court of Missouri · 1887
- Householder v. City of KansasSupreme Court of Missouri · 1884
- Thurston v. City of St. JosephSupreme Court of Missouri · 1873
- Sheehy v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- State Ex Rel. Oliver Cadillac Co. v. ChristopherSupreme Court of Missouri · 1927
- Hamer v. State Highway Commission of the MissouriSupreme Court of Missouri · 1957
- Peters v. BucknerSupreme Court of Missouri · 1921
- Smith v. St. Paul, Minneapolis & Manitoba Railway Co.Washington Supreme Court · 1905
- Aufderheide v. Polar Wave Ice & Fuel Co.Supreme Court of Missouri · 1928
30 more not listed; retrieve them via the Exa API.