City of Laurel v. Rowell
Mississippi Supreme Court
From the chaneeiy court of Jones county. Hon. Stone Heavours, Chancellor. Rowell and another, appellees, were complainants, and the city of Laurel and the Laurel Improvement Company, a corporation, appellants, were defendants in the court below. From a decree in complainants’ favor the defendants appealed to the supreme court-. Post street in the city of Laurel, Mississippi, is a narrow street running east and west, about 200 feet long, connecting East and Pine streets.
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From the chaneeiy court of Jones county. Hon. Stone Heavours, Chancellor. Rowell and another, appellees, were complainants, and the city of Laurel and the Laurel Improvement Company, a corporation, appellants, were defendants in the court below. From a decree in complainants’ favor the defendants appealed to the supreme court-. Post street in the city of Laurel, Mississippi, is a narrow street running east and west, about 200 feet long, connecting East and Pine streets. The Laurel Improvement Company owns all the land abutting on the street on the north side, and appellees own all the land…
1Opinion of the CourtCalhoon, J.
When people build on the side of, and with reference to, a public street, they acquire an easement in its free user by them and the public and in the resultant value of such user. This is property, and cannot he taken from them or damaged by closing the street, except upon compensation first paid. The closing of the street is a taking of the easement for the public use in the purview of our constitution. If this be not true, three out of five of a municipal board, as in this case, may work ruin at will on property holders. Moreover, we think this record shows that the closing of Post street…
2Cases cited1 opinion
- Smith v. McDowellIllinois Supreme Court · 1893
3Cited by18 opinions
- Freeman v. City of CentraliaWashington Supreme Court · 1912
- King v. Vicksburg Railway & Light Co.Mississippi Supreme Court · 1906
- Morris v. Covington CountyMississippi Supreme Court · 1918
- Town of Clinton v. TurnerMississippi Supreme Court · 1909
- Puyper v. Pure Oil Co.Mississippi Supreme Court · 1952
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