Heman v. Schulte
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Ron. P. B. Bliicraft, Judge. (1) Local or special assessments for the construction of drains and sewers can not be levied upon property which does not abut upon the line of the sewer, and which can not connect with such drain or sewer except through private property. Gilmore v. Hentig, 33 Kan. 156; Beechwood Avenue Sewer, First Appeal, 169 Pa. St. 490; Park Avenue Sewer, 179 Pa. St. 433; Pittman v. Reading City, 179 Pa.
Read the full summary
Appeal from St. Louis City Circuit Court. — Ron. P. B. Bliicraft, Judge. (1) Local or special assessments for the construction of drains and sewers can not be levied upon property which does not abut upon the line of the sewer, and which can not connect with such drain or sewer except through private property. Gilmore v. Hentig, 33 Kan. 156; Beechwood Avenue Sewer, First Appeal, 169 Pa. St. 490; Park Avenue Sewer, 179 Pa. St. 433; Pittman v. Reading City, 179 Pa. St. 375; Welty on Assessments, sec. 311a. (2) Special taxes can only be levied for special benefits which are conferred upon the…
1Opinion of the CourtRobinson, J.
This is an action by plaintiff, as original contractor, brought to enforce the payment of special faxes assessed against defendants’ property for benefits arising from the construction of a sewer in what is known as “Warren Avenue Sewer District No. 6,” constructed in pursuance of ordinances Nos. 17811 and 17812 of the city of St. Louis.
The special taxbill was issued by the president and board of public improvements on November 5, 1895, to the plaintiff under his contract with the city authorities, and is assessed against part of a lot owned by defendants, having a front of one hundred and…
2Cases cited1 opinion
- Johnson v. DuerSupreme Court of Missouri · 1893
3Cited by25 opinions
- Glenn v. Dallas County Bois D'Arc Island Levee DistrictTexas Supreme Court · 1925
- Mound City Land & Stock Co. v. MillerSupreme Court of Missouri · 1902
- City of Globe v. WillisArizona Supreme Court · 1915
- Prior v. Buehler & Cooney Construction Co.Supreme Court of Missouri · 1902
- Little Tarkio Drainage District No. One v. RichardsonSupreme Court of Missouri · 1911
20 more not listed; retrieve them via the Exa API.