Village of North Adams v. Wertz

Plaintiff village had the plan of not permitting gasoline filling stations in its main street, preferring to have all parking space along the street for the convenience of farmers trading at the stores, and of people generally. Defendant proposed to tear up the sidewalk to install a tank and pump and to have the station and conduct the business in and upon the said street and sidewalk in front of his store. The sidewalk there is upon land of which defendant owns the fee, there being of record no deed or formal dedication to the village or the public. It meets the street proper in a curb upon…