Meyer v. City of Burlington
Supreme Court of Iowa
Appeal from, Des Moines Circuit Court. Action to recover damages alleged to bave been sustained by a change of grade of a street.
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Appeal from, Des Moines Circuit Court. Action to recover damages alleged to bave been sustained by a change of grade of a street. There was a trial by the court and a Ending in substance as follows': That the grade of the street in question was raised about three feet after it had been established; that upon the plaintiff’s lot fronting on the street was a frame building occupied for business purposes, and from which the plaintiff was receiving rent; that the raising of the grade of the street made it necessary to raise the building; that while the building was being raised it was…
1Opinion of the Court
Adams, J\
i. munioxpai, change o?n: m'ooi'dam-8’ ases' — It is provided in section 469 of the Code that “ when any city or town shall have established the grade of any street, and any person shall have built or made any improvements on such street according to the established grade thereof, and such city or town shall alter said established grade in such a manner as to injure, or diminish the value of, said property, said city or town shall pay the owner of said property so injured the amount of such damage or injury.” Such being the statute tlie plaintiff’s right of recovery is clear,…
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