Village of Marion v. C. A. Finch Lumber Co.

Statement.

BeoNsoN, Ob. J.

This is an action to restrain defendant from placing or maintaining a certain frame building upon a railroad right of way within the fire limits in the village of Marion. Defendant has appealed from a judgment of restraint. The material’facts are: — Defendant had certain frame buildings located on the Northern Pacific right of way North of Block Two in the village of Marion. Prior to November 8th, 1922 a village ordinance existed which prohibited, in effect, removal by defendant of such buildings Avithout permit. Through litigation between the village and defendant,…