Kinney v. Reno Community High School

The opinion of the court was delivered by

Jochems, J.:

Plaintiffs brought an action to set aside and hold void an ordinance of the city of Nickerson, vacating Kinney street in that city and to enjoin the defendants from fencing in a portion of the vacated street, or in any manner interfering with the free use thereof by the public. Judgment was entered for the defendants, and plaintiffs appeal.

Plaintiffs claim that the ordinance vacating the street was null and void; that the vacation was for the exclusive benefit of the defendant high school and not for the benefit of the public at large. They…