Biery v. City of Lima

This appeal is before this court on questions of law and fact. The plaintiff, Richard J. Biery, appellant herein, seeks a permanent injunction against the city of Lima and its contractor to enjoin them from entering into possession of an easement located on the plaintiff’s property for the purpose of constructing a water supply line to convey raw water from a pumping station on the Auglaize River tp a five billion gallon reservoir now under construction by the city. In an earlier proceeding for a temporary injunction in the case of Pisle v. Lima, Allen County No. 1390, this court held, in…