Kiebler v. Holmes
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. John W. Henky, Judge. Our contention in the case is that the passage of the ordinance of February 25, 1887, was an appropriation of the appellants’ property and was a taking thereof for public use within the meaning of the constitution. The damage to their lot was done by establishing the widening of the street; this was done by the passage of the ordinance.
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Appeal from the Jackson Circuit Court. — Hon. John W. Henky, Judge. Our contention in the case is that the passage of the ordinance of February 25, 1887, was an appropriation of the appellants’ property and was a taking thereof for public use within the meaning of the constitution. The damage to their lot was done by establishing the widening of the street; this was done by the passage of the ordinance. Sheehy v. Kansas City, 94 Mo. 574-, West v. Springfield, 78 Mo. 107. Whoever owns the property at the institution of the proceedings is entitled to the damages. The proceedings were instituted…
1Opinion of the CourtG-ill, J.
On February 27,1887, appellants Kiebler and Freeman were owners of a lot on east Ninth street,. Kansas City, and on that day there was an ordinance passed to condemn the north five feet of this lot, the purpose being to widen Ninth street in pursuance of authority given by-article 7 of the city charter of 1875. On May 9, 1887, Mrs. Wright, the respondent, purchased the lot from Kiebler and Freeman and took a warranty deed therefor. Thereafter, on August 25, 1887, on proceedings begun under the ordinance of February 27, the mayor’s jury returned a verdict assessing the damages to the lot on…
2Cases cited4 opinions
- Hilton v. City of St. LouisSupreme Court of Missouri · 1889
- City of St. Joseph v. HamiltonSupreme Court of Missouri · 1869
- Whyte v. City of KansasMissouri Court of Appeals · 1886
- Stewart v. WhiteSupreme Court of Missouri · 1889
3Cited by5 opinions
- Carter v. FosterSupreme Court of Missouri · 1898
- Yesler Logging Co. v. Seattle Electric Co.Washington Supreme Court · 1913
- Damon v. RyanWashington Supreme Court · 1913
- Hull v. PhillipsMissouri Court of Appeals · 1908
- Hamilton v. Big Medicine Drainage District No. 1Missouri Court of Appeals · 1924