State ex rel. Strother v. Chase
Missouri Court of Appeals
Appeal from the Saline Circuit Court. — Ron. Richard Field, Judge. (1) This case must be determined by a construction to be given section 7310 of the Revised Statutes of 1889. If the action of the common council, in approving the plat by ordinance duly passed, was merely a ministerial duty, then the judgment of the circuit court, that far at least, was right.
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Appeal from the Saline Circuit Court. — Ron. Richard Field, Judge. (1) This case must be determined by a construction to be given section 7310 of the Revised Statutes of 1889. If the action of the common council, in approving the plat by ordinance duly passed, was merely a ministerial duty, then the judgment of the circuit court, that far at least, was right. If, on the other hand, the council, under the statutes and laws, is given discretionary powers in the matter, the judgment is wrong and should be reversed. (2) The legislature has given the common council jurisdiction over the streets…
1Opinion of the CourtGill, J.
At the institution of this suit, in June • last, relator, John P. Strother, was owner of a tract of land within the limits of the city of Marshall, Missouri, and, desiring to sell a portion thereof, he platted what he terms “ Strother’s Third Addition,” designating lots 3, 2, 3 and 4, situated on the east side of his land, and abutting on a street already laid out, called “English avenue,” which will fully appear by the accompanying map.
*347
*348By this plat an alley, twelve feet wide, is laid out, beginning at the northeast end of Strother’s land at “C,” on the west line of English avenue, running…
2Cases cited6 opinions
- State ex rel. Metcalf v. GarescheSupreme Court of Missouri · 1877
- Reid v. Board of EducationSupreme Court of Missouri · 1880
- State ex rel. Fitzpatrick v. MeyersSupreme Court of Missouri · 1883
- State ex rel. Hutchinson v. McGrathSupreme Court of Missouri · 1887
- State ex rel. Shaw v. BakerMissouri Court of Appeals · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Carpenter v. Planning & Zoning CommissionSupreme Court of Connecticut · 1979
- Downend v. Kansas CitySupreme Court of Missouri · 1900
- Moscowitz v. Planning & Zoning CommissionConnecticut Appellate Court · 1988
- Better Built Homes & Mortgage Co. v. NolteMissouri Court of Appeals · 1923
- Basinger v. Boone CountyMissouri Court of Appeals · 1990
2 more not listed; retrieve them via the Exa API.