City of Molalla v. COOVER ET UX.

The plaintiff City of Molalla seeks mandatory injunction to compel the defendants to remove obstructions from a public street in the city. It is alleged that defendants have constructed fences and a small outbuilding in the street; that the use of the street is necessary and that the plaintiff has demanded the removal of the obstructions, with which demand defendants have refused to comply. The answer alleges facts on which the defendants predicate a claim of estoppel. The reply is a general denial. After trial, a mandatory injunction issued in accordance with the prayer of the complaint. The…