Legal Opinion

Schmidt v. Town of Battle Creek

Supreme Court of Iowa

Decided December 16, 1919PublishedCited by 4 opinions

Appeal from Ida District Court. — M. E. Hutchison, Judge. Action to enjoin the defendants from moving plaintiff’s fence back along a public highway. Decree dismissing plaintiff’s petition. Plaintiff appeals.

1Opinion of the CourtGaynor, J.

1-tion?* 1Imlu' This case involves a dispute over the territorial limitations of certain public highways. The action is to enjoin the town of Battle Creek and the city and county officers from widening the highways setting back the fences that now and heretofore have marked these boundaries, One of the highways runs east and west through the center of Section 27, and the other along the south line of 27. These highways, as they now exist and as they have been used for the last 25 years, are not 66 feet wide. It is the claim of the defendants that they are and should be 66 feet wide, or 38…

2Cited by4 opinions

  1. Bangert v. Osceola CountySupreme Court of Iowa · 1990
  2. Volpe v. Marina Parks, Inc.Supreme Court of Rhode Island · 1966
  3. Marksbury v. StateSupreme Court of Iowa · 1982
  4. Davelaar v. Marion CountySupreme Court of Iowa · 1937

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