123 Iowa 660 | Iowa | 1904
Tbe plaintiff was tbe owner of premises abutting an alley, and before the passage of tbe ordinance under wbicb tbe grade of tbe alley was established be bad built a barn on bis premises fronting on tbe same. Tbe section of tbe city ordinance under which tbe alley in question was graded is in tbe following language: “That the grado of tbe alleys not otherwise fixed, at tbe points of intersection with the streets whose grades are established by this ordinance, shall be tbe same as that of said streets, and continuous from one street to tbe next, but between any two adjacent streets along tbe line of tbe alley, vertical curves of grade may be used when necessary to facilitate drainage or afford better access to property along tbe line of said alley, when tbe improvement was made prior to tbe establishment of tbe grade therein. But in no case shall said alley grade
The ordinance under consideration ■ provided that the grade of the alleys at the points of intersection with the streets should be the same as the grade of the streets, and that such grade should be continuous from one street to the next. This was the general policy adopted for grading the alleys, and the grade thus fixed was mandatory. The only exception to this rule was the provision that a vertical curve grade. “may be used” under certain circumstances and conditions. As declared in the ordinance, the use of the vertí
We reach the conclusion that the judgment is right, and it is therefore affirmed.