Shewalter v. City of Lexington

PHILIPS, District Judge.

It will clarify the question of jurisdiction raised by the demurrer to briefly state the origin of this controversy. The complainant owns certain lots of ground, fronting 65 feet on Main street in the city of Lexington, Mo. As laid off and platted, this street was 75 feet in width. The city, which is one of the third class under the divisional classification of the statute, by ordinance, narrowed the roadway of this street to 24 feet, designating the balance of the street as a “park area.” While the bill of complaint alleges that the ordinance first vacated the…