Groenendyke v. Fowler

By concession of the parties, the scope of this litigation is confined to one proposition. All others are expressly eliminated. The question is, Do the words “property owners,” as used in Section 5905 of the Code of 1924, include “owner” of personalty, as well as real estate? If the answer is affirmative, then the action of the district court is right. On the other hand, should it be negative, a reversal must result. Said reference reads as follows:

“No franchise shall be granted, renewed, or extended by any city or town for the use of its streets, highways, avenues, alleys, or public places,…