Given v. City of Des Moines
Supreme Court of Iowa
Appeal from Polk Circuit Court. This is an action in equity, by which the plaintiff seeks to to compel the defendants to change the surface of Second, Third and Nine streets, in the city of Des Moines, to correspond with the established grade of said streets, or to recover damages for the alleged unlawful improvement of said streets in a manner not authorized by the established grade.
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Appeal from Polk Circuit Court. This is an action in equity, by which the plaintiff seeks to to compel the defendants to change the surface of Second, Third and Nine streets, in the city of Des Moines, to correspond with the established grade of said streets, or to recover damages for the alleged unlawful improvement of said streets in a manner not authorized by the established grade. Plaintiff is the owner of certain lots abutting on said streets, and she claims that the value of her lots is materially affected by the alleged wrongs of which she complains. The court below decreed that the…
1Opinion of the CourtE.othrook, J.
A hotel was erected on one of the plaintiff’s lots in the year 1868. The building fronts on Nine 2. outibs and ingstreftsad from datum line. and Third streets. On the other lot a machine and plow shop, fronting on Vine and Second _ . P, streets, was erected m 1872. ihe buildings are substantial brick structures, three stories in height. In the year 1864 the city of Des Moines adopted an ordinance establishing the grades of the various streets of the city, among which was Vine street at its intersection with Second and Third streets. In the year 1867 the Chicago, Kock Island and Pacific…
2Cited by2 opinions
- United Bank & Trust Co. v. BrownCalifornia Supreme Court · 1928
- Walter v. City of Ida GroveSupreme Court of Iowa · 1927