Faust v. Baumgartner

Appellant instituted this suit against the city of Huntington, Max Baumgartner and Jacob Nier, and alleged in his complaint that they were improving a public street, and so extending the improvement as to include a, strip of his land six feet wide, which is not a part of the street. He seeks an injunction to prevent them from going-upon and improving that strip of land as a part of the street.

The theory of his complaint is, that th.e city has no-authority to extend the improvement over the strip of land claimed by him. In other words, the complaint calls in question the right and authority of…