Shriver v. City of Jefferson

MOORE, Chief Justice.

The question here is whether defendant city may by ordinance impose upon plaintiff, abutting property owner, the obligation and financial burden to remove Dutch elm diseased trees from the city parking. On plaintiff’s motion for judgment on the pleadings the trial court held the city had no such authority, denied its $170 counterclaim and granted the injunction sought by plaintiff. With approval of the trial court as required by rule 333, Rules of Civil Procedure, the city has appealed. We affirm.

The parties agreed in the trial court there was no material dispute as to…