67 Mo. App. 205 | Mo. Ct. App. | 1896
In the year 1890, the proper authorities in Kansas City passed an ordinance to grade Locust
In. the present action, the sole defense is that, though these defendants were owners of the property at the date of the ordinance providing for the work, and at all times since, yet they had no notice and were not made parties to the proceeding in the circuit court for assessing damages and benefits resulting from grading the street, as was then provided by article 8 of the Kansas City charter. The circuit court held this no-defense, and from a judgment enforcing the tax bill, defendants appealed.
In this connection it may be well to state that, although the defendants were not parties to the proceedings in the circuit court to assess damages and benefits for the proposed change of grade, yet, after the work was done and the change effected, they sued the city in a common law action for damages and recovered the sum of $2,750, which was paid.
In our opinion, the judgment of the circuit court was correct. It was not intended by the provisions of the charter of 1889 to make the assessment of damages- and benefits for grading a street a condition precedent, to the authority of the city to order the improvement and assess the cost thereof to the abutting property,.
The mayor and common council have full and exclusive power and authority over the city’s streets, and to grade or to regrade the same, as they deem best, subject, of course, to a liability for damages to private property. To pay for such grading, too, the city is authorized to assess against the abutting real estate the cost thereof. It is true that the basis of this authority to charge the adjacent property, is the supposed benefit conferred on this particular property. But, as stated by a well known text-writer, “this compensation received in benefits does not differ in prin
So, then, it is no defense to this tax bill that the property of these defendants may, in fact, have been injured rather than benefited by the street grading. The judgment is for the right party and will be affirmed.