Whitsett v. City of Carthage
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Eon. D. E. Blair, Judge. '(1) The foundation of the power to lay a special assessment or a special tax for local improvements of any character, whether opening, improving, or paving a street or sidewalk, or constructing a sewer or cleaning or sprinkling a street, is the benefit which the improvement or service confers on the owner of the abutting property or the owners of the property in the assessment or special taxation district which is…
Read the full summary
Appeal from Jasper Circuit Court. — Eon. D. E. Blair, Judge. '(1) The foundation of the power to lay a special assessment or a special tax for local improvements of any character, whether opening, improving, or paving a street or sidewalk, or constructing a sewer or cleaning or sprinkling a street, is the benefit which the improvement or service confers on the owner of the abutting property or the owners of the property in the assessment or special taxation district which is different from the general benefit which such owners enjoy in common with the other inhabitants or citizens of the…
1Opinion of the CourtWoodson, J.
— This suit was instituted in the circuit court of Jasper County by the plaintiff to enjoin the city of Carthage from constructing a main sewer therein in conformity to certain ordinances duly enacted by said city.
The trial resulted in a decree in favor of the defendant, denying the injunction, and after taking proper steps the plaintiffs duly appealed the cause to the Springfield Court of Appeals. Upon motion the cause was properly transferred by that court to this.
The construction of the sewer is resisted principally upon the grounds that the ordinances ordering it are unreasonable and…
2Cases cited4 opinions
- State ex rel. Brown v. Town of WestportSupreme Court of Missouri · 1893
- State v. LeathermanSupreme Court of Arkansas · 1881
- City of St. Joseph ex rel. Gibson v. OwenSupreme Court of Missouri · 1892
- Perkins v. FieldingSupreme Court of Missouri · 1893
3Cited by9 opinions
- Craig v. City of MacOnSupreme Court of Missouri · 1976
- Graves v. Little Tarkio Drainage District No. 1Supreme Court of Missouri · 1939
- Lakewood Park Cemetery Ass'n v. Metropolitan St. Louis Sewer DistrictSupreme Court of Missouri · 1975
- Ennis v. City of RayNorth Dakota Supreme Court · 1999
- Lillard v. LierleyMissouri Court of Appeals · 1918
4 more not listed; retrieve them via the Exa API.