McGowin v. City of Mobile

LIVINGSTON, Justice.

The bill of complaint in this cause is rested on the theory that the property of complainants is being taken, injured or destroyed by the proposed improvement of Government Street in the city of Mobile, Alabama, a street abutting complainants’ property, without compensation being first paid therefor, in violation of section 235 of the Constitution of Alabama.

Although the lower court denied the injunctive relief prayed for, it has the power to so mold its decree as to award damages in lieu of such relief if the exigencies of the case demand. Mobile County v. Barnes-Creary…