99 Iowa 507 | Iowa | 1896
I. The case was submitted upon an agreed statement of facts, the material parts of which are as follows: The defendant is, and has been for five years past, the owner of the property referred to in the petition, which property abuts upon Orleans street, in said city, from and at the intersection of said street with Fourth street. By the revised ordinances.of 1887, of said city, the grade of Orleans street, at the intersection of Fourth and Third streets, was established. On July 3,1893, and before the improvement referred to in the petition was made, the city .council of said city passed a resolution, as follows: “Resolved, That the grade on Orleans street, from Fourth street to the top of the piling between Fourth street and Third street, be, and is hereby, changed in accordance with the attached plan and petition, which said plat shows Orleans at intersection with Fourth street, at 133 feet
IV. Appellee insists that the resolution does not change the grade. It expressly so declares, and the plat referred to shows a radical change.