Everett v. City of Council Bluffs
Supreme Court of Iowa
Appeal from Pottawattamie District Oourt. The petition states that plaintiff is the owner of certain real estate in Council Bluff's,- on which she has erected a valuable block of buildings, to be occupied as store rooms and. offices. That just within the curbing of the sidewalk of the street, on which said real estate abuts, stand two large, thrifty shade trees, which were planted in 1856, and have there remained without objection since said time.
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Appeal from Pottawattamie District Oourt. The petition states that plaintiff is the owner of certain real estate in Council Bluff's,- on which she has erected a valuable block of buildings, to be occupied as store rooms and. offices. That just within the curbing of the sidewalk of the street, on which said real estate abuts, stand two large, thrifty shade trees, which were planted in 1856, and have there remained without objection since said time. The sidewalk is fully thirteen feet wide. That said trees are perfectly safe and sound, and offer no obstruction to the free use of the street and…
1Opinion of the CourtSeevers, J.
I. nuisancea tutes: miiiiictions.°oipoia The defendant is incorporated under a special charter, which provides that the city council has power “ to declare what shall be a nuisance, and to prevent, remove or abate the same.” This general grant of power, however, will not authorize the council to declare anything a nuisance which is not such at common law, or Jias been declared such by statute. Wood on Nuisances, Sec. 772. In Yates v. Milwaukee, 10 Wall., 497, Miller, J., says: “But the mere declaration by the city council that a certain structure was an encroachment or obstruction did not…
2Cases cited2 opinions
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- Bills v. BelknapSupreme Court of Iowa · 1873
3Cited by25 opinions
- Clinkenbeard v. City of St. JosephSupreme Court of Missouri · 1928
- Wadsworth v. Town of MiddletownSupreme Court of Connecticut · 1920
- Tate v. City of GreensboroSupreme Court of North Carolina · 1894
- Dewey v. City of Des MoinesSupreme Court of Iowa · 1897
- Fritz v. ParkisonSupreme Court of Iowa · 1986
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