Patton v. City of Rome
Supreme Court of Georgia
Petition for injunction. Before Judge Wright. Floyd superior court. June 10, 1905. Mrs. Ida N. Patton, Mrs. Mary M. Brumby, and James B. Nevin, as executrices and executor of the estate of Helen A. Nevin, deceased, and individually as citizens, taxpayers, and lot owners, sought to enjoin the City of Rome from selling to E. J. and J. Henderson Lanham a strip of land, thirty feet wide by one hundred and thirty-two feet in length, off the eastern side of North Fourth avenue in…
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Petition for injunction. Before Judge Wright. Floyd superior court. June 10, 1905. Mrs. Ida N. Patton, Mrs. Mary M. Brumby, and James B. Nevin, as executrices and executor of the estate of Helen A. Nevin, deceased, and individually as citizens, taxpayers, and lot owners, sought to enjoin the City of Rome from selling to E. J. and J. Henderson Lanham a strip of land, thirty feet wide by one hundred and thirty-two feet in length, off the eastern side of North Fourth avenue in said city, in which petitioners claimed, as representatives of the estate and as individuals, general interest as…
1Opinion of the CourtBeCK, J.
(After stating the facts.) That municipalities may be given power and authority to change, obstruct, or even vacate streets by legislative grant, in the absence of constitutional restriction, there can be no doubt. Coker v. Railway Company, 123 Ga. 483. See also Adair v. Atlanta, ante, 288. And as it is not contended in the case at bar that there is any constitutional inhibition against the provisions of the charter of the City of Borne giving to it the power to “open, lay out, to widen, straighten, or to otherwise change streets, alleys, and squares in said city/’ the only question to be…
2Cases cited1 opinion
- Coker v. Atlanta, Knoxville & Northern Railway Co.Supreme Court of Georgia · 1905
3Cited by5 opinions
- Huffman v. State Roads CommissionCourt of Appeals of Maryland · 1927
- Athens Terminal Co. v. Athens Foundry & Machine WorksSupreme Court of Georgia · 1907
- Adair v. Spellman SeminaryCourt of Appeals of Georgia · 1913
- Vandiviere v. AndersonSupreme Court of Georgia · 1947
- City of Statesboro v. DormanSupreme Court of Georgia · 1947