Mettler v. City of Ottumwa
Supreme Court of Iowa
Appeal from Wapello District Court. — W. M. Walker, Judge. Aotion in equity, to restrain the defendant city from closing an areaway from the street into the basement of an office building owned by plaintiff. Judgment and decree dismissing plaintiff’s petition, and he appeals. —
1Opinion of the CourtSteveNS, J.
This is an action in equity, to ■ permanently enjoin appellee from causing an areaway occupying a portion of a public street in said city, and used in connection with a large six-story bank and office building, to be closed. The basement of the said building is occupied as a barber shop', and the areaway provides the only means of public access thereto. The areaway, which is 4 feet 1 inch in width, including a railing-on the outside thereof, and 25 feet 5 inches in length, was constructed in 1905, with the permission of the city council, granted upon the petition of appellant, under authority…
2Cases cited14 opinions
- Quinn v. BaageSupreme Court of Iowa · 1907
- Lacy v. City of OskaloosaSupreme Court of Iowa · 1909
- Geebrick v. StateSupreme Court of Iowa · 1858
- Bennett v. Incorporated Town of Mount VernonSupreme Court of Iowa · 1904
- Perry v. CastnerSupreme Court of Iowa · 1904
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3Cited by4 opinions
- Cowin v. City of WaterlooSupreme Court of Iowa · 1946
- Edaburn v. City of CrestonSupreme Court of Iowa · 1925
- City of Fort Madison v. BergtholdSupreme Court of Iowa · 1958
- McCabe v. MacAulayDistrict Court, N.D. Iowa · 2007