McSweyn v. Inter-Urban Railway Company

This is an action in equity for declaratory relief, injunction and money damages in which plaintiff Leora I. MoSweyn claims defendants, Des Moines and Central Iowa Railway Company and Eugene R. Severs, d/b/a MacMillan Oil Company, have no right to use a narrow strip of ground adjoining the railroad right-of-way for storage of oil tank cars from which deliveries are made to Severs’ customers. Principal bases for the action are 1) a claimed restrictive covenant as to use in a deed from a remote grantor of plaintiff of ground adjacent to hers, and 2) alleged violation of the Polk County Zoning…