Legal Opinion

Chrisman v. Brandes

Supreme Court of Iowa

Decided July 3, 1907PublishedCited by 14 opinions

Appeal from Council Bluffs Superior Court.— Hon. Gr. H. Scott, Judge. Two cases are here submitted fo,r determination; one an action in certiorari to review the action of the board of supervisors in vacating certain streets and highways of Manawa Park, and the other an action in equity to enjoin the board of supervisors from vacating certain streets and highways in Manawa Park. The cases were tried together.

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Appeal from Council Bluffs Superior Court.— Hon. Gr. H. Scott, Judge. Two cases are here submitted fo,r determination; one an action in certiorari to review the action of the board of supervisors in vacating certain streets and highways of Manawa Park, and the other an action in equity to enjoin the board of supervisors from vacating certain streets and highways in Manawa Park. The cases were tried together. They were submitted on the same testimony and by stipulation are submitted on the same record here. Lake Manawa is a small lake near Council Bluffs, Iowa, and in 1887 the land bordering…

1Opinion of the CourtSherwin, J.

It is apparent from the statement of this case that the controlling question involved herein is whether the board of supervisors had jurisdiction under the statute to vacate the streets and alleys in controversy. If they had statutory authority,' another question which is made by the record is whether they had properly before them the parties necessary to a valid vacation of such streets and alleys. Some other questions are presented for determination which will be considered later on.

1. Highways: power of supervisors to vacate. We think there can be no serious question as to the power…

2Cases cited5 opinions

  1. Tiedt v. CarstensenSupreme Court of Iowa · 1883
  2. Ross v. Board of SupervisorsSupreme Court of Iowa · 1905
  3. Maywood Co. v. Village of MaywoodIllinois Supreme Court · 1886
  4. Spitzer v. RunyanSupreme Court of Iowa · 1901
  5. Lorenzen v. PrestonSupreme Court of Iowa · 1880

3Cited by14 opinions

  1. Warren v. Iowa State Highway CommissionSupreme Court of Iowa · 1958
  2. Walker v. City of Des MoinesSupreme Court of Iowa · 1913
  3. Town of Kenwood Park v. LeonardSupreme Court of Iowa · 1916
  4. Hoyt v. BrownSupreme Court of Iowa · 1911
  5. Heery v. RobertsSupreme Court of Iowa · 1919

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