De Castello v. City of Cedar Rapids
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. Milo P. Smith, Judge. Action to enjoin the defendant city from opening up a street over land owned by the plaintiff. The city’s claim is based on an alleged dedication of the strip in controversy to public use. Decree below for the defendant. Plaintiff appeals.
1Opinion of the CourtGaynor, J.
— This is an action in equity brought to enjoin the defendant from grading a certain piece of ground claimed *19by the defendant to be an extension of Sixteenth street. The plaintiff claims to be the owner of the land, and has contracted to sell the same to the other plaintiff, Norton.
The contention of the defendant is that, prior to the defendant’s entering upon this land for the purpose of opening the street, the plaintiff had dedicated a strip thirty-five feet wide, along the west line of her land, extending from Eighth avenue south about sixty feet. Sixteenth street runs north and south.…
2Cases cited4 opinions
- Holdane v. . Trustees of the Village of Cold SpringNew York Court of Appeals · 1860
- Hurley v. City of West St. PaulSupreme Court of Minnesota · 1901
- Lownsdale v. City of PortlandDistrict Court, D. Oregon · 1861
- O'Malley v. Dillenbeck Lumber Co.Supreme Court of Iowa · 1909
3Cited by11 opinions
- Hagenson v. United Telephone Company of IowaSupreme Court of Iowa · 1973
- Culver v. ConverseSupreme Court of Iowa · 1929
- Dugan v. ZurmuehlenSupreme Court of Iowa · 1927
- Sons of the Union Veterans of the Civil War, Department of Iowa v. Griswold American Legion Post 508Supreme Court of Iowa · 2002
- Christopherson v. Incorporated TownSupreme Court of Iowa · 1916
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