City Council of Montgomery v. Lemle
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayiie. L. Lemle brought his bill and averred that he was the oivner of a certain lot of land in the City of Montgomery with the building thereon; and that the municipal authorities Avere proceeding to change the grade of the street on Avhich his house abutted, and to this end was raising the sideAvalk along his building, and if allowed to proceed would do him great damage; that no legal proceeding had…
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Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayiie. L. Lemle brought his bill and averred that he was the oivner of a certain lot of land in the City of Montgomery with the building thereon; and that the municipal authorities Avere proceeding to change the grade of the street on Avhich his house abutted, and to this end was raising the sideAvalk along his building, and if allowed to proceed would do him great damage; that no legal proceeding had been taken as provided by law to condemn his property, and the corporation was insolvent. Injunction was prayed for and…
1Opinion of the CourtMcCLELLAN, C. J.
— Under constitutional guarantees the property owner has an absolute right to compensation for property proposed to be taken and for injuries proposed to be done to property in the exercise by a municipal corporation of the right of eminent domain before the property is taken or the injury to the property is done; and to the effectuation of this right, he has a remedy in equity, by invoking the injunctive aid of a court of chancery wholly regardless of the solvency or insolvency of such corporation, and of the inquiry whether he could recover and realize compensatory damages in an action at…
2Cases cited1 opinion
- East & West Railroad Co. of Alabama v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Alabama · 1883
3Cited by8 opinions
- Town of New Decatur v. ScharfenbergSupreme Court of Alabama · 1906
- Edwards v. ThrashSupreme Court of Oklahoma · 1910
- Mobile County v. Barnes-Creary Supply Co.Supreme Court of Alabama · 1932
- Niehaus & Co. v. CookeSupreme Court of Alabama · 1901
- Southern Railway Co. v. Birmingham, Selma & New Orleans Railway Co.Supreme Court of Alabama · 1901
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