Brosnahan v. Pitcher

• Decision Date: 16 November 1908
• Citation: 113 S.W. 1133,133 Mo. App. 660
• Parties: BROSNAHAN v. PITCHER.
• Court: Missouri Court of Appeals

113 S.W. 1133

133 Mo. App. 660

BROSNAHAN v. PITCHER.

Kansas City Court of Appeals. Missouri.

November 16, 1908.

Rehearing Denied December 7, 1908.

1. MUNICIPAL CORPORATIONS (§ 444) — STREET IMPROVEMENT PROCEEDINGS — STRICT CONFORMITY TO LAW — ESSENTIALITY.

Proceedings whereby private property is burdened with the cost of street improvements, being in invitum, must conform strictly to law.

2. MUNICIPAL CORPORATIONS (§ 429) — STREET IMPROVEMENTS — ASSESSMENTS.

Under a charter requiring the cost of grading a street to be charged against all lands on both sides of the street, where the whole cost of grading the north half of a street has been assessed against the lands on the north side, the center line of the street being part of the city's south boundary, such lands are not liable for the cost of the grading of the south half of the street on an extension of the city limits; such cost being properly assessed against the property on the south side of the street.

Appeal from Circuit Court, Jackson County; John G. Park, Judge.

Action by C. G. Brosnahan against Matilda Pitcher. From a judgment for plaintiff, defendant appeals. Reversed.

Lathrop, Morrow, Fox & Moore, for appellant. Borland, Goodwin & Pew, for respondent.

JOHNSON, J.

Action to enforce the lien of a special tax bill issued by Kansas City in part payment of the cost of grading Thirty-First street, from Bales avenue to Cleveland avenue. By agreement of the parties a jury was waived, the cause was submitted to the court on an agreed statement of facts, judgment was entered for plaintiff, and defendant appealed.

The issue presented by the pleadings and agreed facts is the validity of the assessment against the property of defendant. Facts material to this issue are as follows: The ordinance initiating the improvement was enacted November 25, 1902, and provided for the grading of the south one-half of Thirty-First street, from the west line of Bales avenue as produced from the north to Cleveland avenue. The cost of the improvement was assessed against the property on both sides of the street between the points mentioned. The property of defendant on which the assessment was levied is on the north side of the street. In 1889 Thirty-First street was known as Springfield avenue, and the center line of that thoroughfare was a part of the southern boundary of Kansas City. In that year the city by ordinance caused the north half of Springfield avenue to be graded, assessed the whole cost thereof against the property on the north side of the avenue, and defendant paid the special tax bill issued against her property. Afterward, and before the grading under consideration was provided for, the city limits were extended southward to include within the municipality Springfield avenue and its...