Bucroft v. City of Council Bluffs
Supreme Court of Iowa
Appeal from Pottawattamie District Gowrt. The petition states tliat tlie defendant passed an ordinance providing that all charges for the improvement of streets and alleys should be assessed against the respective owners and lots fronting on the street or alley improved, and should be collected as provided in sections 478 and 479 of the Codé, and thereafter passed a resolution providing for a change of the former grade, of about four feet, by filling certain described…
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Appeal from Pottawattamie District Gowrt. The petition states tliat tlie defendant passed an ordinance providing that all charges for the improvement of streets and alleys should be assessed against the respective owners and lots fronting on the street or alley improved, and should be collected as provided in sections 478 and 479 of the Codé, and thereafter passed a resolution providing for a change of the former grade, of about four feet, by filling certain described streets preparatory to paving; that the respective owners of the lots failed to do the required work, and that the defendant…
1Opinion of the CourtSeevers, J.
1. Cities and Towns: grading of street : cost of not chargeable upon owners of abutting property. I. Tlie allegation that the city had no power to make the assessment is a legal conclusion, which cannot be regarded as admitted, unless the facts pleaded warrant such conclusion; and this must bedetermined by ascertaining whether the requisite power has been conferred on the city by statute, ag if; is not claimed that the charter confers such power.
There is some ambiguity in the ordinance, but, for the purposes of this case, it will be conceded that the ordinance provides that the charges were…
2Cases cited4 opinions
- Zottman v. City & County of San FranciscoCalifornia Supreme Court · 1862
- Sleeper v. Bullen & DustinSupreme Court of Kansas · 1870
- Buell v. BallSupreme Court of Iowa · 1866
- Swift v. City of WilliamsburghNew York Supreme Court · 1857
3Cited by22 opinions
- Ft. Dodge Electric Light & Power Co. v. City of Ft. DodgeSupreme Court of Iowa · 1902
- German-American Savings Bank v. City of SpokaneWashington Supreme Court · 1897
- Jones v. StateCourt of Criminal Appeals of Texas · 1897
- Barber Asphalt Paving Co. v. City of DenverCourt of Appeals for the Eighth Circuit · 1896
- Chicago, Rock Island & Pacific Railway Co. v. City of OttumwaSupreme Court of Iowa · 1900
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