Kitchen v. City of Clinton

The above entitled and numbered causes were consolidated by order of this court, and were argued, briefed and submitted by the respective parties as a consolidated cause. Both causes involve the same facts and questions of law, and consequently the separate appeals in both causes may properly be ruled by one opinion. For brevity, we will refer to the first cause as the Kitchen case, and to the other as the Barrie case.

The Kitchen case is an action in equity, in which the plaintiff, Georgia Kitchen, an owner of real property abutting on Third Street in the city of Clinton, sought to…