184 Ind. 431 | Ind. | 1916
Appellant sued to have the vacation of a part of Center Street in the town of Dublin, Wayne County, declared void as to her and to enjoin appellee perpetually from lowering the grade of its
1. Counsel for appellant press with much earnestness a claim that the statute under which the vacation proceeding was conducted is violative of the provision of the 14th amendment to the Federal Constitution which forbids any state
Note. — Reported in 111 N. E. 619. As to right of municipality to condemn land for spur track to connect municipal work with railroad, see Ann. Cas. 1912 B 382. Generally, as to cutting off access to a highway as a taking or injury, see 15 L. R. A. (N. S.) 49. On injunction as proper remedy to protect right to ingress and egress over street for abutting property, see 35 L. R. A. (N. S.) 193. As to what persons are entitled to compensation for vacation of street, see 15 Ann. Cas. 687; Ann. Cas. 1913 D 790. See, also, under (1) 8 Cyc 1095, 1124, 1126; (2) 15 Cyc 665; (3) 15 Cyc 987.