City of Eau Claire v. Matzke

This is an action in equity, brought by the city, to obtain a mandatory injunction compelling the defendant to remove certain buildings owned and maintained by defendant, and which are alleged to encroach upon a public street in the city and obstruct a public alley, and *292which defendant refuses to remove. A general demurrer to the complaint was sustained on the ground that the remedy at law was adequate. It must now be considered as well settled in this state that a city or village, in its corporate capacity, may maintain an action in equity to prevent threatened obstructions or serious…