Horbach v. Butler

This is a suit in equity in which plaintiff seeks an injunction restraining the city of Omaha, its officers and servants, from tearing down a building condemned by the city council. The trial court granted the injunction as prayed, and the city of Omaha appeals.

Plaintiff alleged in his petition that he was the owner of the property in question, that it was substantially built and in no danger of falling down and that it constituted neither a public nor private nuisance. He further alleged that the city council of the city of Omaha had ordered the building-condemned, that he intended to appeal…