Town of New Decatur v. Scharfenberg
Supreme Court of Alabama
Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. William Scharfeuberg files bis bill against, the town of New Decatur to prevent the town from raising the grade of Second avenue and Holly street from its present altitude, nearly two feet, causing appellant’s store floor to bo nearly a foot and a half below the then grade of the street on which it abuts. A reference was ordered to. ascertain the damages.
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Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. William Scharfeuberg files bis bill against, the town of New Decatur to prevent the town from raising the grade of Second avenue and Holly street from its present altitude, nearly two feet, causing appellant’s store floor to bo nearly a foot and a half below the then grade of the street on which it abuts. A reference was ordered to. ascertain the damages. The bill was demurred to and pleas interposed setting up that appellee signed a petition to have said streets paved with bricks, and that it was necessary to raise the grade…
1Opinion of the Court
WEAKLEY, C.- J.
The bill was filed to enjoin the town of New Decatur from damaging complainant’s store property by certain proposed changes in the *370grades of the contiguous streets, upon tlie allegation that the municipality had not first paid complainant for the injury that would result, and to require the town to restore the streets to their former condition. Upon the filing of the bill, a preliminary injunction was issued. The defendant filed a motion to dismiss for want of equity, a motion to dissolve the injunction, a demurrer, several pleas, and a sworn answer. The chancellor overruled…
2Cases cited12 opinions
- Columbus & Western Railway Co. v. WitherowSupreme Court of Alabama · 1886
- Town of Avondale v. McFarlandSupreme Court of Alabama · 1893
- Glasser, Kuder & Ottensosser v. MeyrovitzSupreme Court of Alabama · 1898
- Groetter, Weil & Co. v. Norman Bros.Supreme Court of Alabama · 1894
- Jones v. Borough of Bangor, Pennsylvania Court of Common Pleas, Northampton County1892
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3Cited by22 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Scharfenburg v. Town of New DecaturSupreme Court of Alabama · 1908
- City of Birmingham v. GravesSupreme Court of Alabama · 1917
- City of Huntsville v. GoodenrathAlabama Court of Appeals · 1915
- O'Neill v. City of BirminghamSupreme Court of Alabama · 1930
17 more not listed; retrieve them via the Exa API.