177 Ind. 629 | Ind. | 1912
In a proceeding under §8700 el seq. Burns 1908, Acts 1905 p. 219, before the common council of the city of Lawrenceburg, Indiana, for the vacation of that part of Ash street, between High and New streets in said' city, a distance of 132 feet, said common council on May 25, 1908, passed a final resolution confirming the original resolution vacating said part of Ash street. Afterward, on September 29, 1908, appellants brought this action to enjoin the vacation of said street, and that appellees “be perpetually enjoined from excluding the plaintiffs and the public from using said part of Ash street.” Appellees’ demurrer for want of facts was sustained to each paragraph of the complaint, and appellants refusing to plead further, judgment was rendered against them on demurrer.
One of appellants’ contentions is that “the action of the common council of said city in vacating said part of Ash street is void because §8700 Burns 1908 [Acts 1905 p. 219 §97], under which the proceeding was brought is unconstitutional and void so far as it makes the determination of the board of works final and conclusive.”
It appears from the record that High and New streets are parallel with each other and are 132 feet apart. Appellants’ real estate does not abut on Ash street, but abuts on High street on the north side thereof, and on Maple street on the west side thereof, and is 160 feet east of the place where Ash street crosses High street. Maple street is parallel with Ash street, and is the first street east thereof, and extends across High street to and across New street and on south of said New street.
It follows that the court did not err in sustaining appellees’ demurrer to each paragraph of the complaint.
Judgment affirmed.
Note.—Reported in 98 N. E. 637. See, also, under (1) 28 Oye. 901, 905; 26 L. R. A. 662; 39 L. R. A. 68; (2) 1913 Oyc. Ann. 3125; 52 Am. Rep. 574. As to the right of an abutting owner to compensation for the vacation of a highway, see 36 L. R. A. (N. S.) 1115. As to the right of a property owner whose means of access from one direction is shut off or interfered with by closing of adjoining street, or portion of street on which he is situated, see 2 L. R. A. (N. S.) 269 and 30 L. R. A. (N. S.) 637.