City of St. Louis v. Lane
Supreme Court of Missouri
Appeal from St. Louis City Circuit Cotvrt. — Hon. James E. Withrow, Judge. This is a condemnation proceeding, the chief feature of which is to establish a special assessment for “benefits” against defendant’s lot, on account of the opening of an alley in the city of St. Louis. The validity of the assessment is questioned by this appeal, as it was in the circuit court. The accompanying map of city block 1959 will facilitate an understanding of the exact point involved.
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Appeal from St. Louis City Circuit Cotvrt. — Hon. James E. Withrow, Judge. This is a condemnation proceeding, the chief feature of which is to establish a special assessment for “benefits” against defendant’s lot, on account of the opening of an alley in the city of St. Louis. The validity of the assessment is questioned by this appeal, as it was in the circuit court. The accompanying map of city block 1959 will facilitate an understanding of the exact point involved. The facts of the case were agreed upon by counsel before the trial. In 1879, under an appropriate municipal ordinance, so much…
1Opinion of the CourtBarclay, J.
The contention of the defendant’s counsel is that her property is not subject to assessment for benefits, on the admitted facts, under the charter of the city of St. Louis. The provisions of the latter which bear directly on this controversy declare it the duty of commissioners, in such proceedings, to assess the balance of the cost of such improvements (above the amount to be paid by the city) “against the owner or owners of all property which shall be especially benefited by the proposed improvement in the opinion of the commissioners, to the amount that each lot of said owner shall be…
2Cited by18 opinions
- United States v. Ninety-Nine DiamondsCourt of Appeals for the Eighth Circuit · 1905
- National Bank of Commerce v. RipleySupreme Court of Missouri · 1901
- American Tobacco Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1912
- Wrightman v. Boone CountyCourt of Appeals for the Eighth Circuit · 1898
- Knox County v. MortonCourt of Appeals for the Eighth Circuit · 1895
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