Pope v. Town of Union

The Chancellor.

The complainant asks for an injunction to restrain the town of Union from opening and grading a street across his property in that town.

The town has municipal powers to open, grade, and level streets, and assess the cost on the lands benefited; and it has passed an ordinance for it in this case.

*283The complainant objects, in this case, on the ground that the street intended to be opened across his lauds is not a public street, and that leveling and constructing the street at the grade fixed by the ordinance will, in some places, excavate in front of his lots to the depth of twenty…