Legal Opinion

Town of Kenwood Park v. Leonard

Supreme Court of Iowa

Decided June 29, 1916PublishedCited by 14 opinions

Appeal from Linn District Court. — John T. Mofeit, Judge. Action to enjoin tbe defendant from obstructing alleged public streets. Defense, that the streets had been vacated, as provided by Section 919 of the Code of-1897. Decree for the defendant in the court below.

1Opinion of the CourtGaynor, J.

I. This is an action in equity, brought to quiet title to certain lands alleged to be streets and avenues in the town of Kenwood Park, and to enjoin and restrain the defendant from fencing or otherwise obstructing them. The pieces of land involved in this suit, which the plaintiff claimed to be public streets of the town, are: (1) Walnut Street, known on the plat as Street D, which will be referred to *339hereafter as D Street; (2)- the west end of Lynn Avenue, now Third Street, hereafter called Third Street, and the west end of Elm Avenue, now called Second Street.

That there may be a better…

2Cases cited13 opinions

  1. Burroughs v. City of CherokeeSupreme Court of Iowa · 1906
  2. Taraldson v. Incorporated Town of Lime SpringsSupreme Court of Iowa · 1894
  3. City of Waterloo v. Union Mill Co.Supreme Court of Iowa · 1887
  4. Simplot v. City of DubuqueSupreme Court of Iowa · 1878
  5. Phillips v. City of StamfordSupreme Court of Connecticut · 1908

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3Cited by14 opinions

  1. Martin Bros. Box Co. v. FritzSupreme Court of Iowa · 1940
  2. Kelroy v. City of Clear LakeSupreme Court of Iowa · 1942
  3. Dugan v. ZurmuehlenSupreme Court of Iowa · 1927
  4. HENRY WALKER PARK ASSOCIATION v. MathewsSupreme Court of Iowa · 1958
  5. Bowen v. BowenSupreme Court of Iowa · 1935

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