City of Mound City v. Carbon

The opinion of the court was delivered by

Harvey, C. J.:

This was a suit for a mandatory injunction to require defendants to move gasoline pumps situated within the street, as platted, in the parking near the curb. Plaintiff appealed from an adverse judgment.

The action was authorized by resolution of the city governing body declaring that the gasoline pumps as so located constitute an encroachment upon the public street and an obstruction thereof and declaring them to be a purpresture and a public nuisance which should be abated, and authorizing the mayor to take appropriate action by…