Legal Opinion

Hubbell v. City of Des Moines

Supreme Court of Iowa

Decided October 2, 1915PublishedCited by 11 opinions

Appeal from Polk District Court. — W. H. McHenry, Judge. Action brought to declare void an ordinance vacating a certain alley.

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Appeal from Polk District Court. — W. H. McHenry, Judge. Action brought to declare void an ordinance vacating a certain alley. The plaintiffs ask an injunction against the obstruction of the alley also, on the ground that the damage to plaintiffs’ property abutting thereon was not first ascertained and paid, as required by Art. 1, Sec. 18, of the Constitution, it being claimed by the plaintiffs that the vacation of the alley was a taking of private property for public use, in violation of the terms of the Constitution.

1Opinion of the CourtGaynor, J.

On the 20th day of May, 1912, the defendant city passed the following ordinance:

“Be It Ordained by the City Council of the City of Des Moines:
“Sec. 1. That the north and south alley between West Second Street and the Des Moines River and bounded on the north by Grand Avenue and on the south by Locust Street, said alley lying immediately east of the Coliseum, be and the same is hereby vacated.
“Sec. 2. That said alley so vacated and described in Sec. 1 of this ordinance be and the same is hereby placed under the supervision of .the superintendent of parks and public property, the same to be…

2Cases cited34 opinions

  1. State ex rel. Smith v. Superior CourtWashington Supreme Court · 1901
  2. Adams v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1888
  3. Stetson v. Chicago & Evanston RailroadIllinois Supreme Court · 1874
  4. Indiana, Bloomington & Western Railway Co. v. EberleIndiana Supreme Court · 1887
  5. Spencer v. Point Pleasant & Ohio R. R.West Virginia Supreme Court · 1884

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3Cited by11 opinions

  1. Liddick v. City of Council BluffsSupreme Court of Iowa · 1942
  2. Braden v. Board of SupervisorsSupreme Court of Iowa · 1968
  3. Stom v. City of Council BluffsSupreme Court of Iowa · 1971
  4. Wertz v. City of OttumwaSupreme Court of Iowa · 1926
  5. Krueger v. RamseySupreme Court of Iowa · 1919

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