Creighton Univ. v. City of Omaha
| Citation | 91 Neb. 486,136 N.W. 829 |
| Decision Date | 29 May 1912 |
| Docket Number | No. 16,701.,16,701. |
| Parties | CREIGHTON UNIVERSITY v. CITY OF OMAHA. |
| Court | Supreme Court of Nebraska |
CREIGHTON UNIVERSITY
v.
CITY OF OMAHA.
No. 16,701.
Supreme Court of Nebraska.
May 29, 1912.
Section 213, c. 12a, Comp. St. 1909, commonly called the Omaha Charter, prescribes the method of taking appeals from the action of the city council in awarding damages to property owners, caused by the grading of streets in said city; and a compliance with the provision that a petition be filed in the district court within 30 days after the final order of the council assessing damages is necessary to the taking of an appeal.
Appeal from District Court, Douglas County; Redick, Judge.
Action by the Creighton University against the City of Omaha. Judgment for defendant, and plaintiff appeals. Affirmed.
Sedgwick and Hamer, JJ., dissenting.
T. J. Mahoney and J. A. C. Kennedy, for appellant.
John A. Rine, W. C. Lambert, and Clinton Brome, for appellee.
REESE, C. J.
The following facts are shown by the transcript in this cause: On the 4th day of August, 1908, the city council of the city of Omaha passed an ordinance “establishing the grade of Twenty-Fourth street from Burt street to Cass street, in the city of Omaha.” For the purpose of the decision of the question presented, it is not deemed necessary to notice the provisions of the ordinance, more than to say that by it the grade of Twenty-Fourth street within the points named appears to have been duly established; the ordinance taking immediate effect. On the 16th day of March, 1909, another ordinance was passed, and later approved, declaring the necessity of grading Twenty-Fourth street from Burt street to Cass street, and appointing three members of the city council appraisers to assess and determine the damages, if any, to the property owners, which might be caused by such grading, the city to pay one-half the cost and expense thereof. By the ordinance three members were named as such appraisers, to appraise, assess, and determine the damages to property owners which might be caused by the grading of the street. It was provided that the ordinance should take effect upon its passage. Presumably on the 26th day of April, 1909 (although the date of filing is not shown), plaintiff presented to the committee on appraisal of damages its claim for damages in the sum of $22,800, the items of which are set out in the claim. On May 18, 1909, the city council met in regular session, when the committee on appraisal of damages to plaintiff's property made its report, assessing the damages at $700, remaining in session one hour at the time of making the assessment. There is no showing in the record that any notice of this meeting of the committee, or what its action had been or would be, was given to plaintiff. The report was immediately approved by the council. On May 25, 1909, the council was again in session, when the mayor reported that he had approved the report of the committee. June 2, 1909, an appeal bond was filed and approved by the city...
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