Hubbell v. City of Des Moines
Supreme Court of Iowa
Appeal from Polk District Court. — W. H. McHenry, Judge. Action brought to declare void an ordinance vacating a certain alley.
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Appeal from Polk District Court. — W. H. McHenry, Judge. Action brought to declare void an ordinance vacating a certain alley. The plaintiffs ask an injunction against the obstruction of the alley also, on the ground that the damage to plaintiffs’ property abutting thereon was not first ascertained and paid, as required by Art. 1, Sec. 18, of the Constitution, it being claimed by the plaintiffs that the vacation of the alley was a taking of private property for public use, in violation of the terms of the Constitution.
1DissentSalinger, J.
(dissenting). — I. The majority holds that the vacation of the alley in question has not substantially interfered with ingress to and egress from appellees ’ abutting *85property; that, even''if the contrary be true, this gives no more than the right to sue £or damages, and does not basé their suit to enjoin obstructions of the alley and abate one already put in; that the provision of our Constitution which requires payment before taking private property for public use does not apply; and that when we said repeatedly that it does apply, we indulged in mere dictum. From this I am constrained to…
2Cases cited74 opinions
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Burlen v. ShannonMassachusetts Supreme Judicial Court · 1868
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