Legal Opinion

Shaver v. J. W. Turner Improvement Co.

Supreme Court of Iowa

Decided June 5, 1912PublishedCited by 19 opinions

Appeal from, Polk District Court. — Hon. Lawrence De Graee, Judge. The plaintiff was owner of -tike east forty-four feet of lots five and six in block G in Scott & Dean’s addition to the city of Des Moines.

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Appeal from, Polk District Court. — Hon. Lawrence De Graee, Judge. The plaintiff was owner of -tike east forty-four feet of lots five and six in block G in Scott & Dean’s addition to the city of Des Moines. The lots faced on East Third street and for many years bad been • permanently improved with sidewalks, curbing, and brick pavement at a grade regularly established! in 1870. This 'grade -at the northeast corner of the lots was 21.35 feet above the datum plane, and 21.85 'at the southeast corner thereof. In May and June, 1910, the J. W. Turner Improvement Company, acting under a contract…

1Opinion of the CourtLadd, J.

„ i. Municipal pubHcR1npNS: exerciTe^i power. The three cases were submitted together*. Neither the regularity of the proceedings by nor the authority of the city council in the matter of paving E-ast Third street in Des Moines is challenged ... ° l9ave contending that, inasmuch as the pavement in front -of Shaver’s lots was from ten to eighteen inches above the established grade and in front of those of Curtis and Hudson from two to- ten inches above the -same, that body was without jurisdiction to make the improvement or to assess the costs thereof against said lots. Appellees say .thi-s…

2Cases cited20 opinions

  1. Barber Asphalt Paving Co. v. EdgertonIndiana Supreme Court · 1890
  2. Mayor of Baltimore v. PorterCourt of Appeals of Maryland · 1862
  3. Allen v. City of DavenportSupreme Court of Iowa · 1898
  4. Coggeshall v. City of Des MoinesSupreme Court of Iowa · 1889
  5. Bennett v. City of EmmetsburgSupreme Court of Iowa · 1908

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3Cited by19 opinions

  1. Manning v. City of AmesSupreme Court of Iowa · 1921
  2. F. M. Hubbell, Son & Co. v. City of Des MoinesSupreme Court of Iowa · 1915
  3. Ellyson v. City of Des MoinesSupreme Court of Iowa · 1917
  4. Benshoof v. City of Iowa FallsSupreme Court of Iowa · 1916
  5. Davenport Locomotive Works v. City of DavenportSupreme Court of Iowa · 1918

14 more not listed; retrieve them via the Exa API.

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