Commerce Trust Co. v. Blakeley

• Decision Date: 29 March 1918
• Docket Number: No. 18552.,18552.
• Citation: 202 S.W. 402,274 Mo. 52
• Parties: COMMERCE TRUST CO. v. BLAKELEY et al.
• Court: Missouri Supreme Court

202 S.W. 402

274 Mo. 52

COMMERCE TRUST CO. v. BLAKELEY et al.

No. 18552.

Supreme Court of Missouri, Division No. 1.

March 29, 1918.

Appeal from Circuit Court, Jackson County; Daniel E. Bird, Judge.

Bill by the Commerce Trust Company

against H. G. Blakeley and others. Judgment for plaintiff, and defendants appeal. Reversed and remanded.

R. F. Porter, of Kansas City, for appellants. B. C. Howard and Clarence S. Palmer, both of Kansas City, for respondent.

BLAIR, J.

Kansas City caused a part of Wyandotte street to be graded, and this is an action by the assignee of special tax bills issued in part payment for the work. A demurrer to the answer was sustained and judgment entered on appellants' refusal to plead further.

Wyandotte street runs almost north and south between Thirty-First and Thirty-Third streets (running east and west), but not in a direct line. The two blocks graded lie between the two last-named streets. The territory for several hundred feet on each side of Wyandotte street was laid out in 1873, when still nearly a mile south of the city limits. A plat was then filed, designated "Amended Plat of McGee's Summit." In 1897 this territory and much other was taken into the city. Subsequently, most of that part of McGee's Summit west of Wyandotte street was replatted as "Amended plat of Greystone," and a small portion of that part east of Wyandotte and just north of Thirty-Third street was replatted as Ross' subdivision. The portions of McGee's Summit designated as blocks and lying east of Wyandotte street were much larger than ordinary city blocks. Block 2 contained over 10 acres, and block 1 over 8 acres. These blocks were divided into portions designated as lots, of which the area far exceeded the ordinary city lot, ranging from three-fourths of an acre to more than 1¾ acres. Ordinary city blocks are admitted to be about 330 feet from east to west, and ordinary lots about 25 or 50 by 130 or 140 feet. The lots and blocks as laid out in "Greystone" conform in size, generally, to ordinary city lots and blocks. In "Greystone" Central street was opened west of Wyandotte and almost parallel to it. It runs north and south. The block or parcel between Central and Wyandotte is about 165 feet wide at Thirty-Third street, on the south, and runs almost to a point where Central and Wyandotte meet. This is about 150 feet south of Thirty-First street. On the east side of Wyandotte and just south of Thirty-First street lies a tract designated as "Block 1" on the plat of McGee's Summit. Its north boundary extends from Wyandotte on the west 901 feet to Main street on the east. Its south boundary, between the same streets, is 721 feet in length. Its length from north to south is about 440 feet. On the west side of this tract, from north to south, along Wyandotte street, lie parcels designated as lots 8, 7, and 6. On the east side, on Main street, from north to south, lie parcels designated as lots 1, 2, and 3. Between the rear line of 8, 7, and 6 and the rear line of 1, 2, 3 lie parcels designated lots 4 and 5. Lot 4 adjoins the rear of lots 8, 7, and 6. These two parcels (4 and 5) occupy the center of block 1, extend through it from north to south, are 125 feet in width, and front on Thirty-First street on the north and Spring street on the south. Along the south line of Thirty-First street, the distance of the northwest corner of lot 4 from Wyandotte street is 368 feet. Its southwest corner is 240 feet from Wyandotte street. It is 263 feet from Wyandotte street to the northeast corner of lot 6 and the southeast corner of lot 7. From the same street the northeast corner of lot 7 and the southeast corner of lot 8 are distant about 315 feet.

Through blocks 1 and 2, from north to south, there is no street between Wyandotte on the west and Main on the east. Approximately halfway between Wyandotte and Main, Baltimore is opened from the north to Thirty-First street and from the south to Thirty-Third street—the southern boundary of block 2. Baltimore is about to be opened through the blocks mentioned. Ordinances have been introduced for that purpose.

Property was assessed on the west side of Wyandotte halfway to Central. The depth of the district on the west side of Wyandotte varies from 93 feet on the south to 54½ feet on the north. On the east side of Wyandotte the property was assessed as far back as 425 or more feet on the north side of block 1 and 365 feet on the south side of block 1. Three and one-third times as much property, by area, was assessed east of Wyandotte street as was assessed west of it. Nearly two-thirds of the total amount assessed was assessed...