Legal Opinion

Rose v. City of Jeffersonville

Indiana Supreme Court

Decided November 21, 1916No. 22,889PublishedCited by 15 opinions

From Clark Circuit Court; James W. Fortune, Judge. Proceedings on the petition of Franklin M. Rose for the vacation of a street in the city of Jefferson-ville, and such city filed a remonstrance. From a judgment denying vacation, the petitioner appeals.

1Opinion of the CourtErwin, J.

— Appellant filed his petition in the Clark Circuit Court for the vacation of Eighth street, in the city of Jeffersonville, from Wall street east for a distance of 188.7 feet, more or less, to the east side of the alley midway of Blocks Nos. 78 and 94. The petition was based on the Acts of 1907 pp. 617, 618, being §§8910-8916 Burns 1914. Appellee filed its remonstrance alleging that the street proposed to be vacated is necessary to the growth of the city; that the vacation would leave real estate of remonstrant without ingress or egress by means of a public way; and that such vacation would…

2Cases cited6 opinions

  1. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. BowenIndiana Supreme Court · 1913
  2. Webster v. BlighIndiana Court of Appeals · 1912
  3. Southern Product Co. v. Franklin Coil Hoop Co.Indiana Supreme Court · 1914
  4. McClellan v. ThomasIndiana Supreme Court · 1915
  5. Supreme Tribe v. KraftIndiana Supreme Court · 1915

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3Cited by15 opinions

  1. Barker v. StateIndiana Supreme Court · 1918
  2. Rooker v. Fidelity Trust Co.Indiana Supreme Court · 1921
  3. GILKISON v. DarlingtonIndiana Court of Appeals · 1952
  4. Thomas v. HennesIndiana Court of Appeals · 1922
  5. Humphrey v. Pleasure Park CompanyIndiana Court of Appeals · 1933

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