St. Louis Malleable Casting Co. v. George C. Prendergast Construction Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — -Hem. Wilson A. Taylor, Judge. (1) The charter of the City of St. Louis makes uo provision for notice or hearing in the establishment of taxing districts for sewers, and no notice was given or hearing had upon the question of benefits in the establishment of the taxing district for Baden District Sewer No. 2. Therefore, the assessment is invalid, being violative of the due process clause of the Federal Constitution.
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Appeal from St. Louis City Circuit Court. — -Hem. Wilson A. Taylor, Judge. (1) The charter of the City of St. Louis makes uo provision for notice or hearing in the establishment of taxing districts for sewers, and no notice was given or hearing had upon the question of benefits in the establishment of the taxing district for Baden District Sewer No. 2. Therefore, the assessment is invalid, being violative of the due process clause of the Federal Constitution. Hamilton on Special Assessments, sec. 145; McQuillin on Municipal Corporations, sec. 2074; Page & Jones on Taxation by Assessment, sec.…
1Opinion of the CourtWoodson, J.
The plaintiff brought this suit in the Circuit Court of the City of St. Louis against the defendant to cancel and set aside a certain tax-bill issued against the property of the former for the construction of Baden Sewer District No. Two, amounting to $9,168.86. The trial resulted in a judgment for the defendant and the plaintiff duly appealed the cause to this court.
The petition charged substantially the following facts:
The petition of the plaintiff alleged that the Board of Aldermen of the City of St. Louis, upon the recommendation of the Board of Public Service of the city, adopted an…
2Cases cited24 opinions
- Spencer v. MerchantSupreme Court of the United States · 1888
- Williams v. EgglestonSupreme Court of the United States · 1898
- Wight v. DavidsonSupreme Court of the United States · 1901
- Kansas City v. Marsh Oil Co.Supreme Court of Missouri · 1897
- Meier v. City of St. LouisSupreme Court of Missouri · 1904
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3Cited by1 opinion
- Giers Improvement Corp. v. Investment Service, Inc.Supreme Court of Missouri · 1950