Kemp v. City of Des Moines
Supreme Court of Iowa
Appeal from Polk District Court.— Hon. James A. Howe, J udge. Action in equity to enjoin the defendant city and its officers from removing a sidewalk and from lowering the grade upon which such walk is constructed. Decree for plaintiffs, and defendants appeal.
1Opinion of the CourtWeaver, J.
The plaintiffs are the owners of residence property fronting upon East Walnut street, between East Seventeenth and East Eighteenth streets, in the city of Des Moines, Iowa. According to the city’s plan for the improvement of this street, a strip twenty feet wide between the lot line and the traveled roadway is reserved for parking purposes. Along the front of the plaintiff’s premises, and about midway of the parking, is a row of shade trees of considerable size and value to said premises. These trees were planted some twenty or thirty years ago upon the natural or ungraded surface of the…
2Cases cited4 opinions
- Dewey v. City of Des MoinesSupreme Court of Iowa · 1897
- Brewster v. City of DavenportSupreme Court of Iowa · 1879
- Gallaher v. City of JeffersonSupreme Court of Iowa · 1904
- Miller v. City of Webster CitySupreme Court of Iowa · 1895
3Cited by14 opinions
- Webber v. Salt Lake CityUtah Supreme Court · 1911
- Swan v. City of IndianolaSupreme Court of Iowa · 1909
- Central Life Assurance Society of the United States v. City of Des MoinesSupreme Court of Iowa · 1919
- Des Moines City Railway v. City of Des MoinesSupreme Court of Iowa · 1927
- Brush v. Incorporated Town of LiscombSupreme Court of Iowa · 1927
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