Redersheimer v. Bruning

Citations

• 113 La. 343
• 36 So. 990
• 1904 La. LEXIS 647

Syllabus

<p>MUNICIPALITIES — CONSTRUCTION OE SIDEWALKS — BANQUETTING STREETS — ORDINANCE — NOTICE TO OWNER.</p> <p>1.Act No. 114 of 1886, p. 211, has reference exclusively to the repairing or regrading of sidewalks already in existence. Act No. 119 of 1886, p. 217, amended by Act No. 142 of 1894, p. 179, has reference to the construction of sidewalks where none existed before.</p> <p>2. Authority to pave a sidewalk includes, as a necessary incident, authority to grade, curb, and drain.</p> <p>3. To “banquette” a street means to construct on one or on both sides of it a sidewalk such as will conform with the city ordinances on the subject.</p> <p>4. The provision of Act No. 119 of 1886, p. 217, by which, before the city council can vote to have any sidewalk constructed, it must give notice by publication of such contemplated vote, provides for a different case from that provided for by Ordinance 8422, O. S., requiring that, after the council has ordered a sidewalk to be constructed, notice of such action shall be given to the property owner in interest. Therefore the said statute and ordinance are not in conflict with each other.</p> <p>5. A property owner who has not had the benefit or the notice provided for by Ordinance 8422, O. S., cannot be forced to pay for a sidewalk constructed upon his property by contract with the city.</p> <p>(Syllabus by the Court.)</p>