Higbee v. Chicago, Burlington & Quincy Railroad

As appears from the foregoing statement, the trial court entered judgment dismissing plaintiffs’ complaint that prayed judgment enjoining the defendant railroad company from abandoning service at a central passenger depot and erecting another passenger depot to1 supply such service near but within the city limits. The ground laid in the complaint for the injunction is in the main that the erection of the proposed depot would violate a zoning ordinance existing at the time an amending ordinance was enacted purporting to authorize the proposed change, which amending ordinance is claimed to1 be…