Town of Anchorage v. Fowler
District Court, D. Alaska
Plaintiff brought suit against defendant, averring that he had erected a building at the corner of G street and Fifth avenue in the town of Anchorage, which projects into each of the streets named, along, about 213/2 feet of Fifth avenue ándT42 feet of G street; that said streets have been public thoroughfares in general public use- for a long time; that, de- ' fendant has been notified by plaintiff to remove said obstruction, but he has refused so to do; and plaintiff asks…
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Plaintiff brought suit against defendant, averring that he had erected a building at the corner of G street and Fifth avenue in the town of Anchorage, which projects into each of the streets named, along, about 213/2 feet of Fifth avenue ándT42 feet of G street; that said streets have been public thoroughfares in general public use- for a long time; that, de- ' fendant has been notified by plaintiff to remove said obstruction, but he has refused so to do; and plaintiff asks an injunction compelling defendant to remove said, obstruction, and permanently enjoining him from obstructing in any…
1Opinion of the Court
RITCHIE, District Judge.
The right of a municipal corporation to enjoin and compel the removal of an obstruction in a city street has been denied in some jurisdictions, but I think the great weight of. authority, especially in recent years, favors such relief in an equitable suit. This rule is stated in Pomeroy’s Equity Jurisprudence, § 1349. McQuillin’s Municipal Corporations says (section 1371):
“The general rule is that a municipality may sue to enjoin the continuance of, and abate, a permanent obstruction in a street or alley: and it seems according to the adjudications it is immaterial…
2Cases cited2 opinions
- City of New York v. . RiceNew York Court of Appeals · 1910
- City of Roseburg v. AbrahamOregon Supreme Court · 1880