Phillips v. City of Council Bluffs
Supreme Court of Iowa
Appeal from Pottawattamie Distriet Court. The petition states tliat tbe plaintiff is tbe owner of certain lots in tbe said city, wbicb abut on Fourth and Bluff streets, and tbat said lots are occupied by petitioner as bis homestead; tbat in 1869 the defendant passed an ordinance establishing tbe grade of Bluff street, and tbat tbe plaintiff made improvements on said lots according to tbe grade then established; tbat in 1881 the defendant passed an ordinance changing said…
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Appeal from Pottawattamie Distriet Court. The petition states tliat tbe plaintiff is tbe owner of certain lots in tbe said city, wbicb abut on Fourth and Bluff streets, and tbat said lots are occupied by petitioner as bis homestead; tbat in 1869 the defendant passed an ordinance establishing tbe grade of Bluff street, and tbat tbe plaintiff made improvements on said lots according to tbe grade then established; tbat in 1881 the defendant passed an ordinance changing said grade in such manner as to cause great and irreparable injury to petitioner’s property; tbat said ordinance is void,…
1Opinion of the CourtSeevers, J.
I. Counsel for the appellant insist that the ordinance is void because it was passed without a petition therefor signed by two-thirds of the property owners. Counsel for the appellee insists that the petition was so signed, and, if not, that injunction is not, bub that certiorari is, the proper remedy. We deem it unnecessary to determine this question.
II. The only remaining question discussed by counsel is,, whether the damages sustained by the plaintiff’must be assessed, paid or tendered before the defendant can proceed to make a physical change in the grade, as contemplated by…
2Cases cited1 opinion
- Hempstead v. City of Des MoinesSupreme Court of Iowa · 1879
3Cited by4 opinions
- Huston v. ScottSupreme Court of Oklahoma · 1908
- Diver v. Keokuk Savings BankSupreme Court of Iowa · 1905
- State ex rel. Ohlquist v. SwanNorth Dakota Supreme Court · 1890
- Buser v. City of Cedar RapidsSupreme Court of Iowa · 1901