Legal Opinion

McMurry v. Kansas City

Supreme Court of Missouri

Decided June 26, 1920PublishedCited by 17 opinions

Appeal from Jackson Circuit Court. — Hon. C. A. Burney, Judge. (1) The Kansas City Charter does not authorize the construction of any part of a joint district sewer outside the limits of the joint sewer district. The proposed outlet of the sewer in this case, of the estimated cost of $347,500, is located outside of the' joint sewer district* outside the limits of the city, and outside the limits of the State.

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Appeal from Jackson Circuit Court. — Hon. C. A. Burney, Judge. (1) The Kansas City Charter does not authorize the construction of any part of a joint district sewer outside the limits of the joint sewer district. The proposed outlet of the sewer in this case, of the estimated cost of $347,500, is located outside of the' joint sewer district* outside the limits of the city, and outside the limits of the State. Sec.'8, Art. 8, Charter; City of Fort Scott v. Kaufman, 44 Kan. 137; Rector v. Board of Improvements, 50 Ark. 116; Deyo v. City of Newburg, 122 N. Y. Supp. 835. (2) The sewer provides…

1Opinion of the CourtWalker, C. J.

Appellant brought this suit in the Circuit Court of Jackson County to enjoin respondents from constructing a joint district sewer in Kansas City, Missouri, the outlet or termination of which was to be in the State of Kansas. Appellant is a property owner in the joint sewer district whose land would be subject to assessment for its proportionate part of the cost of the work. The contract for same has been awarded by said city to the other respondent.

Upon a hearing in the Circuit Court of Jackson County on the 1st day of April, 1920, there was a finding for defendants denying the application…

2Cases cited18 opinions

  1. Matter Appl'n Mayor, Etc., of City of N.Y.New York Court of Appeals · 1885
  2. Chambers v. City of St. LouisSupreme Court of Missouri · 1860
  3. City of St. Louis v. United Railways Co.Supreme Court of Missouri · 1915
  4. McGhee v. WalshSupreme Court of Missouri · 1913
  5. Prior v. Buehler & Cooney Construction Co.Supreme Court of Missouri · 1902

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3Cited by17 opinions

  1. State Ex Rel. Askew v. KoppSupreme Court of Missouri · 1960
  2. Klein v. City of LouisvilleCourt of Appeals of Kentucky (pre-1976) · 1928
  3. Taylor v. DimmittSupreme Court of Missouri · 1935
  4. Miller Land Company v. Liberty TownshipSupreme Court of Missouri · 1974
  5. Kansas City v. ReinwaldSupreme Court of Missouri · 1954

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