Hager v. City of Burlington
Supreme Court of Iowa
Appeal from Des Moines District Court. This is an action in equity to restrain tbe defendant from collecting an assessment upon an abutting lot for the purpose of defraying the expense of curbing, guttering and macadamizing the street fronting the same. A preliminary injunction was granted October 23,1873, and upon the final hearing, July 13,1875, the injunction was made perpetual. Defendants appeal. The facts are stated in the opinion.
1Opinion of the CourtDay, J.
I. The City of Burlington, pursuant to the provisions of chapter 45, Laws of the Fourteenth General Assembly, passed an ordinance, section 2 of which is as follows: “Whenever a petition, purporting to be signed by a majority of the resident owners of property abutting the portion of any street, avenue or alley thereby asked to be paved, guttered, curbed, graveled or macadamized, or for the construction of sidewalks thereon, shall be presented to the council, praying *662for such improvement, the same shall be referred to the city recorder to report whether the same is signed by a majority of the…
2Cases cited2 opinions
- City of Dubuque v. WootonSupreme Court of Iowa · 1870
- Tallant v. City of BurlingtonSupreme Court of Iowa · 1874
3Cited by5 opinions
- Chicago, Rock Island & Pacific Railway Co. v. City of OttumwaSupreme Court of Iowa · 1900
- City of Burlington v. QuickSupreme Court of Iowa · 1877
- Harmon v. City of OmahaNebraska Supreme Court · 1897
- Allen v. City of DavenportCourt of Appeals for the Eighth Circuit · 1904
- Tone v. ColumbusOhio Supreme Court · 1883