Kessler v. City of Indianapolis

Appellant sued to enjoin the city of Indianapolis and its board of park commissioners from taking, under the power of eminent domain, a triangular strip of ground, 163 feet long and containing .073 acres, abutting on the Pleasant Run parkway, within said city, and constituting the north part of a lot owned by appellant.

In 1911, the strip of ground was conveyed to the appellee city by appellant’s remote grantor, “for parkway and boulevard purposes and for such purposes alone,” with a provision in the conveyance that if it should, in the future, “be abandoned or cease to be used for such…