In the 1898 case of Clark v. Kansas City, the United States Supreme Court ruled on a dispute involving land ownership and taxation. The city of Kansas City had sold certain lands for unpaid taxes to William Clark, who later discovered that these lands were owned by the federal government and thus not subject to local taxation. When he sought reimbursement from the city for his purchase price plus interest, they refused. The court held in favor of Clark, stating that when a municipality sells land which it has no right or title to sell (in this case due to federal ownership), it is liable for repayment of any sums received from such sale with interest.

In the dissenting opinion for Clark v. Kansas City, it was argued that the city's actions were unconstitutional and violated property rights. The justice disagreed with the majority's view that a municipality has an inherent right to change street grades without compensating affected property owners. He contended that such changes could significantly damage properties and their value, thus constituting a taking of private property without just compensation, which is prohibited by the Fifth Amendment. Furthermore, he believed this case should have been decided based on principles of equity rather than municipal law alone - considering not only legal rights but also fairness towards individuals whose properties are adversely affected by public works projects. Therefore, in his view, Mr. Clark should have been compensated for damages caused by altering street levels around his property.