Embree v. Kansas City & Liberty Boulevard Road District
Supreme Court of Missouri
Appeal from Clay Circuit Court.— Eon. Francis E. Trimble, Judge. (1) • The judgment of the court in dismissing plaintiffs ’ petition and refusing an injunction was error because the proceeding under Chap. 102, art. 7, R. S. 1909, contemplates the taking of plaintiffs ’ property without due process of law in this: The value of plaintiffs’ property was assessed to determine its proportion of benefits arbitrarily without either notice or hearing, contrary to sections 21 and 30,…
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Appeal from Clay Circuit Court.— Eon. Francis E. Trimble, Judge. (1) • The judgment of the court in dismissing plaintiffs ’ petition and refusing an injunction was error because the proceeding under Chap. 102, art. 7, R. S. 1909, contemplates the taking of plaintiffs ’ property without due process of law in this: The value of plaintiffs’ property was assessed to determine its proportion of benefits arbitrarily without either notice or hearing, contrary to sections 21 and 30, art. 2, Constitution of Missouri, and the Fourteenth Amendment of Constitution of United States. St. Louis v. Rankin,…
1Opinion of the Court
"WOODSON1, X
The plaintiffs instituted this suit in the circuit court of Clay county, against the defendants, to enjoin them from issuing $77,000 of bonds, the proceeds of which were to be used in the construction of public highways in the Kansas City-Liberty Boulevard Road District, of Clay county, Missouri.
A trial was had which resulted in a judgment in favor of the defendants, and a dismissal of the bill. After taking the proper preliminary steps therefor, the plaintiffs appealed the cause to this court.
The facts of the case are practically undisputed, and are as follows:
The Kansas…
2Cases cited12 opinions
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- State ex inf. Hadley v. Standard Oil Co.Supreme Court of Missouri · 1909
- State ex rel. School District v. GordonSupreme Court of Missouri · 1909
- City of Springfield ex rel. Central National Bank v. WeaverSupreme Court of Missouri · 1897
- City of St. Louis v. RankenSupreme Court of Missouri · 1888
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3Cited by20 opinions
- State Ex Rel. City of Hannibal v. SmithSupreme Court of Missouri · 1934
- Hull v. BaumannSupreme Court of Missouri · 1939
- State Ex Inf. North Todd Gentry v. CurtisSupreme Court of Missouri · 1928
- Tax Increment Financing Commission of Kansas City v. J.E. Dunn Construction Co.Supreme Court of Missouri · 1989
- Hines v. HookSupreme Court of Missouri · 1935
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