Legal Opinion

Spitzer v. Runyan

Supreme Court of Iowa

Decided April 13, 1901PublishedCited by 20 opinions

Appeal from Benton District Court. — Hon. Obed Caswell, Judge. Plaintiffs sued out of tbe district court a writ of certiorari to test the validity of an ordinance passed by tbe city council of tbe city of Vinton whereby certain streets and alleys were vacated, and tbe land comprised therein granted to tbe Burlington, Oedar Rapids & Northern Railway Company for depot purposes. Tbe district court dismissed tbe petition at plaintiffs5 costs, and they appeal.

1Opinion of the CourtWaterman, J.

1 *6212 3 *620Defendant Runyan is tbe mayor, and the other defendants are tbe councilmen, of said city. On March 30, 1899, such council unanimously passed an ordinance vacating certain streets and alleys upon conditions to be complied with by tbe Burlington, Cedar Rapids & Northern Railway Company, which will be further mentioned later on, and granted an easement in the land covered thereby to said railway company for depot purposes. Plaintiffs axe the owners of real estate adjacent to, but not abutting upon, tbe vacated portion of any of said streets or alleys. It seems tbe railway line is, and has…

2Cases cited6 opinions

  1. McLachlan v. Incorporated Town of GraySupreme Court of Iowa · 1898
  2. City of Marshalltown v. ForneySupreme Court of Iowa · 1883
  3. Dempsey v. City of BurlingtonSupreme Court of Iowa · 1885
  4. Brewster v. City of DavenportSupreme Court of Iowa · 1879
  5. State v. City of LyonsSupreme Court of Iowa · 1871

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3Cited by20 opinions

  1. Warren v. Iowa State Highway CommissionSupreme Court of Iowa · 1958
  2. City of Lynchburg v. PetersSupreme Court of Virginia · 1926
  3. Freeman v. City of CentraliaWashington Supreme Court · 1912
  4. Albes v. Southern Ry. Co.Supreme Court of Alabama · 1909
  5. People v. City of Los AngelesCalifornia Court of Appeal · 1923

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