Adams v. City of Shelbyville

Appellant brought this suit to restrain appellee from improving a street on which he owned an abutting lot.

Shelbyville has less than 10,000 inhabitants, and the proceedings for the proposed improvement were instituted under the statute commonly known as “the Barrett law”, §§4288-4298 Burns 1894, §§6771-6780 R. S. 1881 and Horner 1897. On August 2, 1898, the common council, without any petition from the ownérs of the property affected, passed a resolution declaring a necessity for the improvement, the same to be executed as follows: “There shall be set and erected a curb of oolitic stone four…