Borghart v. City of Cedar Rapids
Supreme Court of Iowa
Appeal from Linn District Court.— Hon. Wm. G. Thompson, Judge. May, Fero & Gainor’s Addition to Cedar Rapids was platted in 1856. The plaintiff became owner of lot 3 in block 9 in 1896. As appears from the annexed plat, this lot, with others, abutted on ground designated “ Public Square ” which furnished the only access to it.
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Appeal from Linn District Court.— Hon. Wm. G. Thompson, Judge. May, Fero & Gainor’s Addition to Cedar Rapids was platted in 1856. The plaintiff became owner of lot 3 in block 9 in 1896. As appears from the annexed plat, this lot, with others, abutted on ground designated “ Public Square ” which furnished the only access to it. In 1902 the defendant city conveyed to that part of the square bounded by block 9 and First street and Fourteenth avenue to the John IIuss Methodist Episcopal Chapel, and the latter erected a parsonage thereon, so as to completely obstruct all access by way of the…
1Opinion of the Court
Ladd, J.—
Yublic°n °f damágeSto owner?* Tbe validity of the proceedings which resulted in the vacation of that portion of the public square affording access to- the plaintiff’s lot and its conveyance by the city to the John Huss Methodist Episcopal Chapel is not questioned by either party. That this square was intended to be used in part, at least, as a street approach is manifest from the fact that some of the lots were platted facing it, and with no other means of access. This is conceded, impliedly, at least, by appellant, for the cause is submitted on the theory that damages for the…
2Cases cited14 opinions
- Moose v. . CarsonSupreme Court of North Carolina · 1889
- Selden v. City of JacksonvilleSupreme Court of Florida · 1891
- Town of Rensselaer v. LeopoldIndiana Supreme Court · 1886
- O'Brien v. Central Iron & Steel Co.Indiana Supreme Court · 1902
- Heinrich v. City of St. LouisSupreme Court of Missouri · 1894
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3Cited by29 opinions
- Warren v. Iowa State Highway CommissionSupreme Court of Iowa · 1958
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- Hyde v. M., D. & P. Ry. Co.South Dakota Supreme Court · 1912
- Freeman v. City of CentraliaWashington Supreme Court · 1912
- Ridgway v. City of OsceolaSupreme Court of Iowa · 1908
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