Atkins v. West

Defendant’s motion to dismiss the complaint because it does not state facts sufficient to constitute a cause of action has been granted. The action is brought to recover a judgment for $5,000 damages and to restrain the defendant from *309constructing and maintaining a motor vehicle service station and from maintaining certain gasoline storage tanks already installed upon property belonging to him in the city of Troy and requiring their removal.

It is alleged and may be shown that both plaintiff and defendant own property in the city of Troy; that defendant, in disregard of the ordinances of the…