City of Elkins v. Donohoe
West Virginia Supreme Court
Appeal from Circuit Court, Randolph County. Suit by City of Elkins against P. J. Donohoe, Bishop, etc. From a decree for plaintiff, defendant appeals.
1Opinion of the Court
Lynoh, Judge :
The right of the City of Elkins to maintain a suit to enjoin and abate, as a nuisance, a fence enclosing a portion of one *336of its principal streets and the projection of an out-house beyond the street line, is challenged by demurrer.
Because the city has by charter plenary power to control its streets and alleys, to keep them clean and free from obstruction, to declare and abate nuisances thereon, and for this purpose to pass and enforce all necessary ordinances and resolutions, it is argued, the city can not invoke the aid of a court of equity to supplement the authority thus…
2Cases cited25 opinions
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
- Ralston v. Town of WestonWest Virginia Supreme Court · 1899
- State v. EhrlickWest Virginia Supreme Court · 1909
- City of Demopolis v. WebbSupreme Court of Alabama · 1888
- City of Jacksonville v. Jacksonville Railway Co.Illinois Supreme Court · 1873
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3Cited by6 opinions
- State Road Commission v. OakesWest Virginia Supreme Court · 1966
- MacCorkle v. City of CharlestonWest Virginia Supreme Court · 1928
- Jones v. City of ClarksburgWest Virginia Supreme Court · 1919
- Rose v. FisherWest Virginia Supreme Court · 1947
- State Ex Rel. Riddle v. Department of HighwaysWest Virginia Supreme Court · 1971
1 more not listed; retrieve them via the Exa API.