Dempsey v. City of Burlington
Supreme Court of Iowa
Appeal from Des Moines Circuit Court. Plaintiffs brought this action in equity for the purpose of having a certain ordinance of the city of Burlington declared invalid. The circuit court, on a hearing of the case on its merits, dismissed the petition. Plaintiffs appeal.
1Opinion of the CourtReed, J.
Plaintiffs are the owners of certain lots in Barnes’ addition to the city of Burlington. This addition was laid out and platted in 1873. It is bounded on the east by Sumner street, on the south by Barnes street, and on the west by May street, and before the jiassage of the ordinance in question it was bounded on the north by an alley which extended from May to Sumner streets. This alley affords the only way of access to the rear of the lots owned by plaintiffs. The ordinance in question was passed by the city council on the thirteenth of June, 1881. It assumes to vacate said alley for 117…
2Cases cited1 opinion
- City of Marshalltown v. ForneySupreme Court of Iowa · 1883
3Cited by21 opinions
- Withey v. Fowler Co.Supreme Court of Iowa · 1914
- Freeman v. City of CentraliaWashington Supreme Court · 1912
- McLachlan v. Incorporated Town of GraySupreme Court of Iowa · 1898
- Ridgway v. City of OsceolaSupreme Court of Iowa · 1908
- Thomas v. JultakWyoming Supreme Court · 1951
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