Town of Marne v. Goeken

This is an action brought by the plaintiffappellee, Town of Marne, against defendants-appellants to abate a nuisance caused by the alleged encroachment of defendants’ garage upon a street and alley in the town.

Plaintiff-town claimed that defendants in building a garage on their property encroached on both the adjacent street and alley.

The trial court found encroachment, a resulting nuisance and ordered abatement thereof. Defendants have appealed.

This squabble reflects no credit on the common sense of the litigants. The situation should not have arisen in the first place. Misunderstanding…