City of St. Louis v. Wetzel
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. L. B. Yalliant, Judge. This is a proceeding to open an alley in the city of St. Louis. The issue made on the present appeal is upon the legality of an assessment for “benefits” against neighboring property-owners. That issue was raised by exceptions to the report of the commissioners appointed to assess damages and benefits as provided by the city charter.
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Appeal from St. Louis City Circuit Court. — Hon. L. B. Yalliant, Judge. This is a proceeding to open an alley in the city of St. Louis. The issue made on the present appeal is upon the legality of an assessment for “benefits” against neighboring property-owners. That issue was raised by exceptions to the report of the commissioners appointed to assess damages and benefits as provided by the city charter. The circuit court heard evidence on the questions of fact raised by the exceptions, finally overruled the latter, and entered judgment in due course accordingly. From that judgment Mr. Wetzel…
1Opinion of the CourtBarclay, J.
The original purpose of this action was to condemn a strip of land, sixteen feet wide by seventy feet and two inches long, in block 695, to. public use as an alley, and assess the “benefits” of the improvement as required by the city charter of St. Louis. R. S. 1889, sec. 5, p. 2120.
An alley had previously been opened from Miller street, part way through that block; and the taking of the strip of land mentioned would prolong the original alley as a passage way through the entire block from Miller to Barry street. The strip was alleged to belong to Mr. Thomas. The commissioners valued it at…
2Cited by3 opinions
- Bradford v. FultzSupreme Court of Iowa · 1914
- Daudt v. KeenSupreme Court of Missouri · 1894
- Morris v. SchererMissouri Court of Appeals · 1898