Legal Opinion

Hab v. City of Georgetown

Washington Supreme Court

Decided July 26, 1907No. 6703PublishedCited by 1 opinion

Appeal from a judgment of the superior court for King county, Albertson, J., entered December 10, 1906, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action to restrain a city from taking property for street purposes.

1Opinion of the CourtMount, J.

This action was brought to enjoin the city of Georgetown from taking a strip of land, fifteen feet wide, from respondent’s property for street purposes. The trial court decreed five feet of the land in dispute to the appellant as a public highway, but enjoined the appellant from taking the remaining ten feet. The city appeals from that part of the decree which restrains it from using the ten feet of respondent’s property for highway purposes.

*643The material facts, as agreed to by the parties, are, in substance, as follows: In the year 1863, a county road sixty feet wide leading in a southerly…

2Cases cited1 opinion

  1. Town of Sumner v. PeeblesWashington Supreme Court · 1893

3Cited by1 opinion

  1. In Re HandySupreme Court of Kansas · 1994

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