York v. City of Cedar Rapids
Supreme Court of Iowa
Appeal from Linn District Court.— Hon. J. H. Preston, ' J udge. Action to recover damages to abutting property caused by a change in street grade. There is no controversy as to the facts. Plaintiff owns property abutting on Tenth street, in the defendant city. In the year 1875 the defendant city, by ordinance duly passed, established a grade for said street, and in the year 1878 plaintiff improved her property to correspond with the grade so established.
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Appeal from Linn District Court.— Hon. J. H. Preston, ' J udge. Action to recover damages to abutting property caused by a change in street grade. There is no controversy as to the facts. Plaintiff owns property abutting on Tenth street, in the defendant city. In the year 1875 the defendant city, by ordinance duly passed, established a grade for said street, and in the year 1878 plaintiff improved her property to correspond with the grade so established. In the year 1886 the defendant city, by ordinance duly passed, changed the grade of said Tenth street by raising the level thereof about…
1Opinion of the CourtBishop, J.
It is the statute that when any city shall have established a street grade, and an abutting owner improves his property in accordance therewith, and such grade shall thereafter be altered in such manner as to damage, injure, or diminish the value of such abutting property, the city shall pay to the owner the amount of the damage thus sustained. Code, section 785.
Accepting the statute as having force according to the terms thereof, the question presented by counsel for appellant is this: “ Can a property owner who improves his property in accordance with an established grade, and who…
2Cases cited5 opinions
- Hempstead v. City of Des MoinesSupreme Court of Iowa · 1884
- Farmer v. City of Cedar RapidsSupreme Court of Iowa · 1902
- Buser v. City of Cedar RapidsSupreme Court of Iowa · 1901
- Ressegieu v. City of Sioux CitySupreme Court of Iowa · 1895
- Stritesky v. City of Cedar RapidsSupreme Court of Iowa · 1896
3Cited by4 opinions
- Meardon v. Iowa CitySupreme Court of Iowa · 1910
- Sather v. City of DuluthSupreme Court of Minnesota · 1913
- Ayer v. City of PerrySupreme Court of Iowa · 1922
- Vilas v. Chicago, Milwaukee & St. Paul RailroadSupreme Court of Iowa · 1917