McCormack v. Patchin
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The provisions in the city charter of 1-867, and the ordinance of the City Council of St. Louis passed in pursuance thereof, in so far as they authorize the re-pavement of a street which had already been paved, and had been paid for by the owners of the adjoining property, and which was in good order and repair, and the assessment of the cost of such re-pavement exclusively upon the same adjoining properties, are unconstitutional and…
Read the full summary
Appeal from St. Louis Circuit Court. I. The provisions in the city charter of 1-867, and the ordinance of the City Council of St. Louis passed in pursuance thereof, in so far as they authorize the re-pavement of a street which had already been paved, and had been paid for by the owners of the adjoining property, and which was in good order and repair, and the assessment of the cost of such re-pavement exclusively upon the same adjoining properties, are unconstitutional and void, as, in effect, prescribing the taking of private property for public use without just compensation. (Hammett vs.…
1Opinion of the CourtWagner, Judge
The sole ground of objection urged against the jtrdgment in this case is, that the ordinance on which.the special tax bill was founded was unconstitutional and void. By that ordinance the City Council of St. Louis ordered certain streets to be re-paved, with what is kfiown as the Nicholson pavement, and authorized the cost or expense of the work to be assessed as a special tax against the owners of the ground fronting on the streets where the work was done. The City Charter clearly grants this power, but it is now insisted, that this’provision in the Charter and the ordinance passed…
2Cases cited4 opinions
- Macy v. City of IndianapolisIndiana Supreme Court · 1861
- City of Lafayette v. FowlerIndiana Supreme Court · 1870
- Hoffman v. City of St. LouisSupreme Court of Missouri · 1852
- James v. RobertsOhio Supreme Court · 1849
3Cited by41 opinions
- Verdin v. City of St. LouisSupreme Court of Missouri · 1895
- Farrar v. City of St. LouisSupreme Court of Missouri · 1883
- Speer v. Mayor of AthensSupreme Court of Georgia · 1890
- City of Kokomo v. MahanIndiana Supreme Court · 1885
- King v. PortlandOregon Supreme Court · 1900
36 more not listed; retrieve them via the Exa API.